MBE Practice Questions - Multistate Bar Examination Exam

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A federal court grants summary judgment to a defendant in a negligence case on the ground that the plaintiff cannot establish the element of duty. The judgment is on the merits and final. The plaintiff later files a second suit in a different federal district against the same defendant on the same facts, alleging strict products liability. The defendant moves to dismiss based on claim preclusion (res judicata). How should the court rule?

Deny the motion because the second suit alleges a different legal theory. Deny the motion because claim preclusion does not apply to summary judgments. Grant the motion because claim preclusion bars all claims arising from the same transaction or occurrence that could have been litigated. Grant the motion only if both jurisdictions follow the Restatement (Second) of Judgments.

Correct Answer:

Grant the motion because claim preclusion bars all claims arising from the same transaction or occurrence that could have been litigated.

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