In Markley v. U.S. Bank Nat’l Assoc., the US Court of Appeals for the Tenth Circuit held that claim preclusion bars a state-law claim that was initially asserted and dismissed without prejudice in a previous federal suit when the plaintiff could have asserted diversity jurisdiction in the previous suit but failed to do so.
Source link
Claim Preclusion Bars State Law Claims That Could Have Been Raised if Plaintiff Asserted Diversity Jurisdiction: Tenth Circuit
