Venue: | 7th Cir. |
Facts: | Martino is a McDonald's franchisee. This includes an agreement that no member of his immediate family will acquire an interest in a competitor without written permission. His son purchases a Burger Chef franchise. |
Posture: | McDonald's sues in diversity. Gets a consent judgment. Now he sues claiming antitrust violations. District court says res judicata and 13(a) bar the action. |
Issue: | Is there preclusion? |
Holding: | The district court was wrong about 13(a), but this is preclusion. |
Rule: | Res judicata is about respect for judgments: there was a judgment in the prior matter. |
Reasoning: | As to 13(a), there was no pleading, so it's not applicable.
However. This is a direct challenge to the outcome of the earlier suit. It should have been pled at that time. |
Dicta: | |