“No Second Bite at the Apple: Eighth Circuit Examines Identity-of-Parties and Identity-of-Causes-of-Action Requirements for Claim Preclusion Under Florida Law”

Joseph Lang Jr., of Carlton Fields, has this article in JD Supra, discussing the Eighth Circuit’s recent decision in Daredevil, Inc. v. ZTE Corporation, in which the court “determined that claims brought by Daredevil Inc. in the Eastern District of Missouri were precluded under Florida res judicata principles by an earlier arbitration in Jacksonville, Florida.” As the article notes, even though the subsequent judicial action “included a claim — tortious interference — that was not at issue in the arbitration,” the Eighth Circuit “agreed with the district court’s assessment that ‘[t]his is not sufficient to distinguish these causes of action,’ as the underlying contracts, facts, and named individuals were the same in both suits, and both suits relied on the same evidence from the same witnesses.”