Wednesday, December 14, 2005

Mpoyo v. Litton Electro-Optical Systems (9th Cir. - Dec. 5, 2005)

Let's try to calculate the odds here.

You filed a lawsuit against your employer. The federal district court dismissed your suit with prejudice. You appealed. The Ninth Circuit affirmed.

While the first suit was on appeal, you filed a second lawsuit against the same employer, raising claims that were related to the first suit. Indeed, you tried to add these very same claims to the first lawsuit, but couldn't because the district court denied you leave to amend. And the district court promptly dismissed your second suit as well.

So now you're appealing. Yet again. To the Ninth Circuit. On issues of res judicata. In a situation identical to those that confronted the First, Second, Third, Fifth, and Eight Circuits. All of which affirmed a res judicata dismissal.

Oh, by the way. You're representing yourself. Great. What are the odds you're going to win your appeal?

Exactly. Zero. Affirmed.