- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Civil Procedure
- Date Filed: 11-01-2022
- Case #: 21-35480
- Judge(s)/Court Below: C.J. Hawkins for the Court, C.J. McKeown, and C.J. Sanchez
- Full Text Opinion
Plaintiffs' claimed standing to challenge the U.S Fish and Wildlife Service’s (the Service) 2015 Bull Trout Recovery Plan under the Endangered Species Act (ESA) in Montana. The Service raised claim preclusion because Plaintiffs' case had already been dismissed in Oregon. Claim preclusion bars a party in successive litigation from pursuing claims that were rained or could have been raised in a prior action. Media Rts. Techs., Inc. v. Microsoft Corp., 922 F.3d 1014, 1020 (9th Cir. 2019). There was a final judgment on the merits of the case which already occurred in Oregon. The court found that Plaintiffs sought a second adjudication after they declined to amend their Oregon complaint with additional claims. AFFIRMED.