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Res Judicta and Claim Preclusion Under Chinese Law

I received an inquiry from a fellow litigation lawyer here in Shenzhen. A case arising out of a Guangdong was dismissed in district court for failure to state a claim and the decision was upheld on appeal. I am looking into whether there is any avenue possible to file a complaint in a Guangdong court. Any input or ideas?  There may be claims that weren't included in the original complaint.

In my view, I would ask that was the decision dismissed with or without prejudice?  Usually (and it can vary by local rule) if it does not state WITH prejudice it is assumed without and thus no Res Judicta. Where a judgment dismisses a complaint for failure to state a claim, the doctrine called claim preclusion (res judicta, for those who prefer Latin) bars plaintiff commencing an action on substantially the same facts in any court. The court determined that plaintiff has no claim based on the facts alleged. The judgment need not add the words "with prejudice." Further, a dismissal without prejudice lacks finality, which would have prevented plaintiff from appealing in federal court (and most state courts). Since plaintiff appealed and lost, the dismissal must have been with prejudice.

 

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