David Olson v. Mark O'Brien

MEMORANDUM

Plaintiffs David E. Olson and Absolute Environmental Services, Inc. (“Plaintiffs”) appeal the dismissal of their claims against Mark O’Brien, James Cantor, and Richard Welsh on res judicata grounds. We reverse and remand for further proceedings.

1. In evaluating whether res judicata bars litigation in.federal court after related state court litigation, we “give to a state-court judgment the same preclusive effect as would be given that judgment under the law of the State in which the judgment was rendered.” Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81 , 104 S.Ct. 892 , 79 L.Ed.2d 56 (1984). In Alaska, “[t]he elements necessary to the doctrine’s application are (1) a final judgment on the merits, (2) from a court of competent jurisdiction, (3) in a dispute between the same parties (or their privies) about the same cause of action.” Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 507 (Alaska 2014) (internal quotation marks omitted). In addition, res judicata does not apply where the party against whom it is asserted “lacked [a] ‘full and fair opportunity to litigate his claims.’ ” Id. at 508 (quoting Beegan v. State, Dep’t of Transp. &…