Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc. And Dyro-Tech Industries, Inc. D/B/A "Cor Tec"

870 F.2d 1044, 1989 U.S. App. LEXIS 5535, 1989 WL 32956
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 26, 1989
Docket88-4374
StatusPublished
Cited by38 cases

This text of 870 F.2d 1044 (Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc. And Dyro-Tech Industries, Inc. D/B/A "Cor Tec") is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc. And Dyro-Tech Industries, Inc. D/B/A "Cor Tec", 870 F.2d 1044, 1989 U.S. App. LEXIS 5535, 1989 WL 32956 (5th Cir. 1989).

Opinions

JOHNSON, Circuit Judge:

Defendants Dorsey Trailers, Inc. and Cor Tec, Inc. appeal the district court’s denial of their motions to dismiss on the grounds of res judicata. Concluding that res judica-ta bars the plaintiff’s cause of action in the instant case, we reverse and render.

I. FACTS AND PROCEDURAL HISTORY

In 1981 and 1982, Plaintiff Steve D. Thompson Trucking (hereinafter Thompson) purchased a total of 100 trailers from the defendant Dorsey Trailers, Inc. (hereinafter Dorsey). The trailers were fitted with fiberglass reinforced panel walls which were manufactured by the other defendant in this case, Cor Tec, Inc. (hereinafter Cor Tec). Some time thereafter, Thompson filed a products liability suit in Louisiana state court against Dorsey and Cor Tec for damages resulting from certain alleged defects in the trailer panel walls. The suit was subsequently removed to the United States District Court for the Western District of Louisiana on diversity grounds. While that suit was pending in the Louisiana federal district court, Thompson filed a duplicative lawsuit in the United States District Court for the Southern District of Mississippi.

In the Louisiana litigation, Cor Tec and Dorsey, after removal, moved for summary judgment in the Louisiana federal district court contending that Thompson’s claims had prescribed under Louisiana’s one year [1045]*1045statute for redhibitory defects in products.1 In response, Thompson urged that the Louisiana one year period did not apply, but rather, that Mississippi’s six year period controlled. The Louisiana federal district court, disagreeing with Thompson, granted Cor Tec and Dorsey’s motions for summary judgment and entered final judgment dismissing Thompson’s suit with prejudice. Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 680 F.Supp. 803 (W.D.La.1987). On appeal, a panel of this Court affirmed the Louisiana federal district court’s dismissal with prejudice. Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 841 F.2d 394 (5th Cir.1988) (unpublished opinion). In so doing, the panel concluded that the Louisiana federal district court had not erred in relying on Louisiana’s one year prescriptive period to dismiss Thompson’s product liability claims with prejudice.

Meanwhile, Thompson’s duplicative lawsuit against Dorsey and Cor Tec was still pending in federal district court in Mississippi. Dorsey and Cor Tec had filed motions with the Mississippi federal district court to dismiss, transfer or stay Thompson’s suit. In support of the motions, Dorsey and Cor Tec cited the pendency of the parallel action in Louisiana federal district court. Before the Mississippi federal district court had ruled on the described motions, however, the Louisiana federal district court dismissed Thompson’s claims with prejudice. After the Louisiana federal district court entered final judgment accordingly, Dorsey and Cor Tec amended their pending motions to dismiss in Mississippi federal district court so as to incorporate the defense of res judicata. In their amended motions, Dorsey and Cor Tec argued that the dismissal of Thompson’s action by the Louisiana federal district court was res judicata as to Thompson’s duplica-tive action in Mississippi federal district court. The Mississippi federal district court disagreed, and denied Dorsey and Cor Tec’s motions to dismiss. Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 677 F.Supp. 478 (S.D.Miss.1988). Thereafter, the Mississippi federal district court certified its ruling under 28 U.S.C. 1292(b) and this interlocutory appeal was taken.

II. DISCUSSION

The sole issue with which we are faced in this appeal is whether the dismissal with prejudice of Thompson’s diversity action by the Louisiana federal district court has res judicata effect on Thompson’s duplicative diversity action in Mississippi federal district court. For the reasons cited herein, we are constrained to conclude that it does.

This Court has emphasized that the effect of a prior federal diversity judgment is controlled by federal rather than state res judicata rules. Sidag Aktiengesellschaft v. Smoked Foods Products Co., Inc., 776 F.2d 1270, 1273 (5th Cir.1985). In that respect, the res judicata rules in this Circuit are clear; for a prior judgment to bar a subsequent action on the basis of res judicata in federal court, four requirements must be met: 1) the parties must be identical in both actions, 2) the prior judgment must have been rendered by a court of competent jurisdiction, 3) the same cause of action must be involved in both cases, and 4) the prior judgment must have been a final judgment on the merits. Republic Supply Co. v. Shoaf, 815 F.2d 1046, 1051 (5th Cir.1987) (citing Nilsen v. City of Moss Point, 701 F.2d 556, 559 (5th Cir.1983) (en banc)). As the Mississippi federal district court properly noted, the first three requirements are not at issue in this case. The last requirement, however, is at the heart of the issue posed by the instant case. More specifically, the question with which we are now faced is whether the Louisiana federal district court’s dismissal of Thompson’s action on prescriptive grounds was a final judgment on the merits for res judicata purposes.

We are convinced that the answer to this question is found in this Court’s holding in Nilsen v. City of Moss Point, 674 F.2d 379 (5th Cir.1982), aff'd on rehearing, 701 F.2d 556 (1983) (en banc). In Nilsen, we held that “dismissals for want of jurisdiction are [1046]*1046not decisions on the merits, while those based on limitations are.” Id. at 382. On rehearing en banc, the Court emphasized that

[t]he doctrine of res judicata contemplates, at a minimum, that courts be not required to adjudicate, nor defendants to address, successive actions arising out of the same transaction, asserting breach of the same duty.

Nilsen, 701 F.2d 556 at 563. Although the facts in the Nilsen case are somewhat distinguishable from the facts in the instant case in that Nilsen involved the attempted relitigation of the plaintiffs civil rights action in the same federal district court which had previously found the claim to be time barred, we nevertheless find the reasoning articulated in Nilsen to be persuasive and controlling. Moreover, the Nilsen rule is neither expressly or impliedly limited to the attempted relitigation of a claim in the same federal district court which had previously held the claim to be time barred. Rather, in Nilsen,

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870 F.2d 1044, 1989 U.S. App. LEXIS 5535, 1989 WL 32956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steve-d-thompson-trucking-inc-v-dorsey-trailers-inc-and-dyro-tech-ca5-1989.