Noah Nathan v. Takeda Pharmaceuticals America
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cv-01002-AJT-TRJ Copies to all parties and the district court/agency. [999236809].. [13-1052]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1052
NOAH NATHAN,
Plaintiff – Appellant,
v.
TAKEDA
PHARMACEUTICALS
AMERICA,
INCORPORATED;
TAKEDA
PHARMACEUTICALS U.S.A., INC., f/k/a Takeda Pharmaceuticals
North America, Incorporated; LOUIS SAVANT; MICHAEL FOUCHIE;
CASANDRA SMITH; JOHN FLOOD; MICHAEL VENANZI,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:12-cv-01002-AJT-TRJ)
Submitted:
October 29, 2013
Decided:
November 8, 2013
Before MOTZ, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Christian B. Nagel, FLUET, HUBER & HOANG, PLLC, Lake Ridge,
Virginia; James A. Bell, IV, BELL & BELL LLP, Philadelphia,
Pennsylvania, for Appellant. Susan R. Podolsky, THE LAW OFFICES
OF
SUSAN
R.
PODOLSKY,
Alexandria,
Virginia;
William
F.
Cavanaugh, Aron R. Fischer, PATTERSON BELKNAP WEBB & TYLER LLP,
New York, New York, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Noah Nathan filed this action against his employer, Takeda
Pharmaceuticals
asserting
America,
claims
supervision
and
for
Inc.,
and
several
defamation,
retention.
Among
of
its
conspiracy,
other
employees,
and
reasons,
negligent
the
district
court dismissed the complaint on federal res judicata grounds,
finding that it is precluded by the judgment in Nathan’s prior
Title VII discrimination and retaliation suit against Takeda.
See Nathan v. Takeda Pharms. Am., Inc., 890 F.Supp.2d 629 (E.D.
Va.
2012),
aff’d,
2013
WL
5754394
(4th
Cir.
Oct.
24,
2013)
(Title VII summary judgment order). Nathan now appeals. Finding
no error, we affirm. 1
The preclusive effect of the judgment in Nathan’s Title VII
action is a question of federal law. See Taylor v. Sturgell, 553
U.S.
880,
891
(2008).
Under
the
federal
doctrine
of
res
judicata, a final judgment on the merits of an action precludes
the parties or their privies from relitigating issues that were
or could have been raised in that action. Pueschel v. United
States,
369
F.3d
345,
354
(4th
1
Cir.
2004).
“By
precluding
Apart from res judicata, the district court in this case
also dismissed the individual claims under Rule 12(b)(6) of the
Federal Rules of Civil Procedure. Nathan challenges those
rulings on appeal, but because we find that the court properly
dismissed the complaint on res judicata grounds, we need not
address the other issues.
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parties from contesting matters that they have had a full and
fair
opportunity
to
litigate,
the
doctrine
of
res
judicata
minimizes the expense and vexation attending multiple lawsuits,
conserves judicial resources, and fosters reliance on judicial
action by minimizing the possibility of inconsistent decisions.”
Union Carbide Corp. v. Richards, 721 F.3d 307, 314 (4th Cir.
2013) (internal punctuation altered).
A
party
invoking
res
judicata
must
establish
three
elements: (1) a previous final judgment on the merits, (2) an
identity of the cause of action in both the earlier and the
later suit, and (3) an identity of parties or their privies in
the two suits. Id. at 314-15. Identity of the cause of action
exists if two claims arise out of the same transaction or series
of
transactions
or
the
same
core
of
operative
facts,
and
“typically it is a new factual development that gives rise to a
fresh
cause
of
action.”
Id.
at
315.
Privity
between
parties
exists when the interests of one party are so identified with
the interests of another that representation by one party is
representation of the other’s legal right. Weinberger v. Tucker,
510 F.3d 486, 491 (4th Cir. 2007). We review a res judicata
determination de novo. Clodfelter v. Republic of Sudan, 720 F.3d
199, 210 (4th Cir. 2013).
In its res judicata ruling, the district court initially
noted that the factual allegations set forth in the Title VII
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complaint “are identical” to those set forth in the complaint in
this case. J.A. 170. 2 Turning to the first of the three elements
necessary to establish res judicata, the court found that the
judgment in Nathan’s Title VII action is a final judgment on the
merits of a prior suit. Regarding the second element, the court
found that there is an identity of the causes of action between
the
two
complaints,
“as
evidenced
by
the
exact
same
facts
alleged in support of each of those lawsuits.” J.A. 171. As to
the third element, the court found that the defendants in this
case
are
in
privity
with
Takeda,
the
Title
VII
defendant,
because they are alleged to be Takeda employees and were clearly
acting as Takeda employees at all material times. On appeal,
Nathan concedes that there is a prior final judgment, but he
challenges
the
court’s
conclusions
regarding
identity
of
the
causes of action and the parties.
As
to
identity
of
the
causes
of
action,
the
alleged
wrongdoing underlying Nathan’s claims in this case arises from
the
same
involve
facts
the
performance
underlying
defendants’
difficulties
the
Title
conduct
in
2009.
VII
action.
regarding
In
the
Both
Nathan’s
Title
VII
cases
alleged
Action,
Nathan alleged that the defendants’ actions were discriminatory
2
Nathan acknowledges in his appellate brief that “there is
a great similarity between the allegations” in the two
complaints. Brief of Appellant, at 17 n.5.
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and retaliatory; in this case, he alleges that the same actions
constituted
a
circumstances,
conspiracy
we
agree
with
to
defame
the
him.
district
Under
court
these
that
these
claims arise out of the same transaction or the same core of
operative facts. Likewise, we agree with the court that there is
an identity of the parties in the two lawsuits. The Title VII
case was against Takeda. In this case, the individual defendants
were acting in their capacities as Takeda employees when they
committed
the
alleged
wrongdoing,
and
Takeda’s
potential
liability rests on respondeat superior. 3
Based
on
the
foregoing,
we
affirm
the
district
court’s
judgment. We dispense with oral argument because the facts and
legal
before
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
3
A review of the Title VII summary judgment order shows
that the district court addressed each of the individual
defendants’ involvement in Nathan’s 2009 performance review.
Moreover, the court found on the record before it that “Takeda
had legitimate nondiscriminatory reasons for [all] of the
alleged adverse employment actions” it took regarding Nathan and
that Nathan was unable to demonstrate pretext for those actions.
See 890 F.Supp.2d at 648.
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