Howard v. City of Coos Bay

The doctrine of claim preclusion does not apply to claims that accrue after the filing of the operative complaint in prior litigation between the same parties. Merely asking for the same type of relief in two lawsuits is not sufficient justification for issue preclusion, but a plaintiff cannot recover damages in the second suit which she already received in the first. No reasonable jury could find that a plaintiff's suit against her former employer was a substantial reason for her employer's refusal to rehire her when plaintiff had been terminated from the position she sought, for cause. The Oregon Whistleblower Act only protects employees with an existing employment relationship with the employer in question--not former employees or job applicants.

Howard v. City of Coos Bay - filed Sept. 25, 2017
Cite as 2017 S.O.S. 14-35506

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