Appellate Law

CA1: Claim preclusion in ERISA suit

By S. COTUS

Herman v. Meiselman, No. 07-2753 affirms the dismissal of an ERISA lawsuit on claim preclusion grounds.  The First says that the current group of claims are pretty much the same as the cross-claims in the earlier lawsuit.  (?The factual basis for these counts was formed in the same time period and from the same essential dispute as the prior action: the employment relationship, the profit-sharing plan and the parties' differences over them, as well as the validity of the Release given by Meiselman in the First Action.?)

The prior history of this case (and our commentary) can be found here:

• Indianapolis Life Ins. Co. v. Herman, 204 Fed. App'x 908, 910 (1stCir. 2006) (per curiam) (our coverage here); and
• Indianapolis Life Ins. Co. v. Herman, 516F.3d 5, 11 (1st Cir. 2008) (our coverage here)

Full post as published by Appellate Law and Practice on September 10, 2008 (boomark / email).