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COA Applies Res Judicata To Sovereign Immunity Dismissal

By Sean E. Andrussier

Today in Herring v. Winston-Salem/Forsyth County Bd. of Educ. the Court of Appeals held that, for purposes of res judicata, a dismissal on the ground of soverign immunity constitutes a final adjudication on the merits entitled preclusive effect in a subsequent action between the parties. The Court then reversed an award of Rule 11 sanctions against plaintiffs' attorneys, in part because, before today's decision, "no case had specifically held that a dismissal on grounds of sovereign immunity was a final adjudication on the merits barring subsequent actions" under the doctrine of res judicata.

Full post as published by North Carolina Appellate Blog on February 05, 2008 (boomark / email).