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Res Judicata

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  • Arbitration Proceeding
  • Federal Complaint
  • In General
Arbitration Proceeding
Where the single substantive issue before an administrative law judge has been finally decided by a prior arbitration award, the doctrine of res judicata bars the litigation of that issue for a second time. Decision: 2 N.J.A.R. 184
Where an individual voluntarily selects an initial forum for remedying his termination of employment and a complete and valid arbitration award is then made, the individual is barred from pursuing a subsequent administrative proceeding. Decision: 3 N.J.A.R. 276
Application for setting aside an arbitration award may not be made before an administrative law judge and must be made to Superior Court. Decision: 3 N.J.A.R. 276
Federal Complaint
An administrative action is not barred by a dismissal of a more broadly based federal complaint when neither the doctrine of collateral estoppel or res judicata apply. Decision: 4 N.J.A.R. 105
In General
Where the Commissioner of the Department of Community Affairs and the Appellate Division have previously ruled upon a petition, that matter should be dismissed by an administrative law judge. Decision: 3 N.J.A.R. 237


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