Preclusion trap

Definition

A situation where requiring a plaintiff to litigate in state court first effectively bars them from ever reaching federal court, because the state court judgment will be given preclusive effect (res judicata) that prevents re-litigating the same issues in federal court.

Examples

• •The NJ AG successfully used preclusion arguments to prevent Smith & Wesson from ever having its federal claims heard after litigating in state court

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