Issue: In the Third Circuit, does res judicata apply to a case dismissed without prejudice?
| Area of Law: | Litigation & Procedure |
| Keywords: | Res judicata; Dismissal of case; Without prejudice |
| Jurisdiction: | Federal |
| Cited Cases: | None |
| Cited Statutes: | Restatement (Second) of Judgments § 26 |
| Date: | 07/01/2001 |
Courts have indicated that where a dismissal is without prejudice, res judicata does not apply. Venuto v. Witco Corp., 117 F.3d 754 (3d Cir. 1997) (citing Restatement (Second) of Judgments § 26 (1982)).
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