Res Judicata: The Neglected Defense

Abstract

Williams v. Washington' the state had sued an automobile dealer for violation of its Consumer Protection Act. The dealer argued the statute was unconstitutional; the Washington Supreme Court held to the contrary. The dealer then sued in federal court,2 seeking declaratory and injunctive relief on the ground the statute was unconstitutional. Said the Ninth Circuit: Res judicata.3 Grossgold v. Supreme Court4 the Illinois Supreme Court had suspended an attorney from the practice of law on the basis of his conviction of a crime and had rejected a petition for reconsideration on the basis of a presidential pardon. Thereafter, on the basis of the pardon, the attorney asked a federal court to declare his suspension void and to order him reinstated. Said the Seventh Circuit: Res judicata.5 Obvious? But this obvious argument has an uncanny way of eluding litigants and courts. For example: (1) Sosna v. Iowa.I Mrs. Sosna sued for divorce in an Iowa state court, which threw her out on the basis of a statutory requirement that divorce plaintiffs reside in the state for one year. Instead of appealing, she sued the state in federal court for declaratory and injunctive relief, arguing that the residence requirement was unconstitutional. the Supreme Court both parties urged that we reach the merits, and the Court did: In this posture of the case . . . we have no occasion to consider whether any consequences adverse to appellant resulted from her first obtaining an adjudication of her claim on the merits in the Iowa state court and only then commencing this action . . . .7