Yes, the judgment is not "final" until either she loses her state appeals or fails to make them in time. So yes, I suppose a case filed before that time would not trigger claim preclusion per se, but instead cause the court to tell you that you've got to exhaust your state remedies. Either way, the federal court still isn't going to re-hear the SAME CLAIMS, as the article suggests they will.
And good luck re-packaging her claims into some new constitutional claim. She chose to file a tort action in state court. The state court found against her. There's no constitutional right to a do-over in the federal system.
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Re: Re: claim preclusion
Yes, the judgment is not "final" until either she loses her state appeals or fails to make them in time. So yes, I suppose a case filed before that time would not trigger claim preclusion per se, but instead cause the court to tell you that you've got to exhaust your state remedies. Either way, the federal court still isn't going to re-hear the SAME CLAIMS, as the article suggests they will.
And good luck re-packaging her claims into some new constitutional claim. She chose to file a tort action in state court. The state court found against her. There's no constitutional right to a do-over in the federal system.
Techdirt has not posted any stories submitted by dan.
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