Practice question
An order validly dismisses ClaimA with prejudice. A later suit asserts a genuinely distinct ClaimB; all required preclusion identities and any other bars are affirmatively absent. Defendant relies solely on the phrase with prejudice to bar every future dispute between the parties. Which is sound?
- It universally bans the parties from all litigation forever
- The phrase does not itself bar every distinct claim regardless of preclusion requirements
- Every later claim is necessarily identical
- The phrase creates immunity from unrelated obligations
- Only the defendant may define all future claims
Legal references
- Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
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