W.A. Griffin M.D. v. Focus Brands Inc.
685 F. App'x 758
| 11th Cir. | 2017Background
- Dr. W.A. Griffin, a dermatologist, provided services to insured S.D. and submitted claims to BCBSGA, the Plan's claims administrator, alleging underpayment.
- Griffin previously sued FOCUS Brands in federal court under ERISA for unpaid benefits, fiduciary breaches, civil penalties, and related claims; the district court dismissed the case as "without prejudice" concluding Griffin lacked statutory standing because the Plan barred assignment.
- On appeal in Griffin v. FOCUS Brands, Inc., the Eleventh Circuit affirmed but explained the standing issue was not jurisdictional and that dismissal was properly characterized as for failure to state a claim under Rule 12(b)(6).
- About a month after that appellate decision, Griffin filed a second suit in state court asserting the same ERISA-based claims; FOCUS Brands removed to federal court.
- The district court dismissed the second suit on res judicata grounds, treating the earlier dismissal (as characterized on appeal) as a final judgment on the merits; Griffin appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prior dismissal counts as a final judgment on the merits for res judicata | Griffin: prior dismissal was labeled "without prejudice," so it is not an adjudication on the merits | FOCUS Brands: appellate clarification that dismissal was for failure to state a claim makes the prior judgment on the merits | The Court held the prior judgment was on the merits because appellate affirmance treated the dismissal as failure to state a claim (12(b)(6)) |
| Whether res judicata bars identical claims in the second suit | Griffin: contended prior label prevented claim preclusion | FOCUS Brands: argued all res judicata elements satisfied: final judgment on merits, competent court, identical parties, same cause of action | The Court held res judicata applied and barred the second suit |
Key Cases Cited
- Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235 (11th Cir. 1999) (elements and purpose of res judicata)
- Davila v. Delta Air Lines, Inc., 326 F.3d 1183 (11th Cir. 2003) (dismissal for lack of subject matter jurisdiction is not on the merits)
- Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 (1981) (dismissal for failure to state a claim is an adjudication on the merits)
- Hughes v. Lott, 350 F.3d 1157 (11th Cir. 2003) (dismissal without prejudice is generally not an adjudication on the merits)
- Audette v. Sullivan, 19 F.3d 254 (6th Cir. 1994) (appellate affirmance on alternative grounds can determine res judicata effect)