Res judicata, and judicata.
May 19, 2019Lopez v. Pompeo addressed an infrequent but fundamental issue of res judicata: “When this court affirms a judgment of the district court, but on different grounds than those adopted by the district court, it is the decision of this court, not the district court, that has preclusive effect . . . ‘[O]nce an appellate court has affirmed on one ground and passed over another, preclusion does not attach to the ground omitted from its decision.'” No. 18-40175 (May 14, 2019).