Sae Young Kim v. National Certification Commission for Acupuncture & Oriental Medicine
888 F. Supp. 2d 78
D.D.C.2012Background
- Kyung Sung School of Oriental Medicine sues NCCAOM and related defendants in DC federal court over alleged breach of oral contract and promissory estoppel tied to an attempted alliance.
- Prior Kyung Sung I case (no. 10-cv-1709) was dismissed under Rule 12(b)(6) as conceded, with a merits-based dismissal.
- School subsequently filed a DC Superior Court action alleging breach of oral contract, promissory estoppel, and loss of reputation, adding Sae Young Kim as a plaintiff and naming NCCAOM’s CEO and directors as defendants.
- NCCAOM removed the suit to federal court asserting diversity jurisdiction; a notice of removal was filed in January 2012.
- Before ruling, a pre-removal dismissal as to Ward-Cook occurred in DC Superior Court for untimely service, and a notice of dismissal was filed.
- This court granted NCCAOM’s Rule 12(b)(6) motion on res judicata and denied the School’s remand motion as untimely, dismissing the action in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars the current suit | Kim/SCHOOL argue no final judgment on merits and different parties. | NCCAOM contends prior Kyung Sung I dismissal on the merits precludes current suit. | Yes; res judicata applies. |
| Whether remand was properly denied for improper removal | Removal improper under forum-defendant rule and untimely challenge. | Removal proper; forum defendant rule waivable but challenge untimely. | Remand denied; forum-defendant rule waived due to untimely challenge. |
Key Cases Cited
- Apotex, Inc. v. FDA, 393 F.3d 210 (D.C. Cir. 2004) (same- nucleus of facts test for res judicata)
- Stanton v. D.C. Court of Appeals, 127 F.3d 72 (D.C. Cir. 1997) (pre-answer Rule 12(b)(6) can address res judicata)
- Capitol Hill Grp. v. Pillsbury, Winthrop, Shaw, Pittman, LLC, 569 F.3d 485 (D.C. Cir. 2009) (elements of claim preclusion)
- Kowal v. MCI Commc'ns Corp., 16 F.3d 1271 (D.C. Cir. 1994) (court may consider incorporated documents and judicial notice)
- SBC Commc'ns, Inc. v. FCC, 407 F.3d 1229 (D.C. Cir. 2005) (principles of res judicata and litigation finality)
- Smith v. Jenkins, 562 A.2d 610 (D.C. 1989) (privity and consent concepts in res judicata)