Is this second claim barred by the doctrine of res judicata

Assignment Help Business Law and Ethics

Reference no: EM133209175

Question - Beatrice Richman built a helicopter-landing pad on her large estate. She built the pad not knowing that the town in which she lives (Happy Town) has an ordinance that prohibits private aircraft from flying. When she learns that she is not allowed to fly her expensive helicopter around town, Beatrice files a lawsuit against Happy Town.

Richman files a lawsuit in federal district court against Happy Town, alleging that the town ordinance violates her equal protection rights under the First and Fourteenth Amendments. The district court judge dismissed the case out via summary judgment, finding that the ordinance is facially valid and that Richman failed to present any evidence to support her allegations.

Richman was not happy with the decision, so she added a second claim in the amended complaint that she filed. This second claim alleged the same facts as what was presented in the original complaint, but she added new information:

-she named a specific defendant, Public Works Commissioner Winn. Richman alleged that Winn used Winn's position to coerce two of Richman's neighbors to complain about her. Richman also alleged that Winn used Winn's position to induce a member of the community to write a disparaging editorial in the local newspaper about her.

-Richman also alleged that the Town defamed her character and discriminated against her based on her ethnicity.

Is this second claim barred by the Doctrine of Res Judicata?

Reference no: EM133209175

Questions Cloud

Create a code of ethics for your company : Create a code of ethics for your company that reflects the mission of the company, while defining a code of behavior that employees can uphold.

Is the prosecutor statement proper : Hey, if it were me being arrested for a crime I didn't commit, you can bet I'd want the chance to tell my side of the story!" Is the prosecutor statement proper

What must the plantiff do before hank will be allowed : Twelve passengers of a small plane that crashed are suing the airline for negligence. What must the plantiff do before Hank will be allowed to give testimony

What should the judge instruct the jury regarding this issue : In his closing arguments, Batman argues that it was daytime at 7:00 that night. What should the judge instruct the jury regarding this issue

Is this second claim barred by the doctrine of res judicata : Richman also alleged that the Town defamed her character and discriminated against her based on her ethnicity. Is this second claim barred by the Doctrine

What is the difference between a trademark and service mark : What is the difference between a trademark and a service mark? Give the location, Article and Section, in the U.S. Constitution of the protection

How is social media marketing different : How is social media marketing different from traditional marketing tactics? Also, keep in mind that nothing is forever; what do you think the future of social

Examine the validity of this contract : Examine the validity of this contract. Is there any way that Abbie can challenge the validity of the contract? Explain your answer

Describe four traditional dominant service characteristics : Describe the four traditional dominant service characteristics, explain how these have been modified by more contemporary approaches to service.

User Account

All Pages