State case dismissed with prejudice. Can they file same case in Fed Court?

[AnnoyedNewYork]

What is the name of your state (only U.S. law)? NY

I was sued for defamation for some statements I made on a social media site in 2010. I represented myself with some legal advise from an attorney friend.

The plaintiff only used one of my posts against me in this suit. During depositions he was asked if he has any other statements he was accusing me of making and he said "I find new ones every day, they're all over the internet." Then admitted that he did not have anything else he wanted to accuse me of saying that day. The case was dismissed with prejudice, largely due to statue of limitations but also because he failed to state a cause of action and the statement he did accuse me of making wasn't libelous.

There were other statements made during the same time frame that he choose not to use in this case. Again, nothing libelous, but I'm suspicious that he left them out intentionally to use them later.

At the courthouse today, the plaintiff threatened me with further action saying, this was just the state court. "I'll be bringing you up on charges in federal court as well."

My question is that since this was dismissed, can he sue me for the same thing in federal court and if so, can he use statements he left out of this case, to try to "pretend" this is a whole new case?

If he does bring suit, can I immediately file a motion to dismiss based on the ruling in this case?

 

[tranquility]

What is the federal jurisdiction? Are you from different states?

 

[AnnoyedNewYork]

What is the federal jurisdiction? Are you from different states?

We are from the same state. I'm not sure what you mean by what's the jurisdiction. I do know he keeps accusing me, verbally of being the author of a website which I have nothing to do with, but that he did not bring into this suit. I believe he's going to try to make a case against me in Federal court because it was internet related. The man is a narcissist. He has filed 24 suits for defamation in NY State superior court over the past 5 years against various individuals and never won a single one. He loves the attention he gets and the fact that he can force people to appear and have to defend, costing them time and money.

 

[tranquility]

Google "federal jurisdiction".

 

[AnnoyedNewYork]

Thanks, I did that as soon as it was brought up. So he has to find Federal Statue that applies to file a complaint? Since we aren't in different states.

 

[tranquility]

Thanks, I did that as soon as it was brought up. So he has to find Federal Statue that applies to file a complaint? Since we aren't in different states.

While a federal statute would apply, there are other "federal questions" usually related to the Constitution and the like. But, generally, yes.

 

[AnnoyedNewYork]

Thank you.

 

[ouidaja]

state case failed, federal case initiated

Thank you.

If the case was dismissed in state court, wouldn't the doctrine of res judicata (claim preclusion) or collateral estoppel (issue preclusion) apply if brought up later in federal court? In any event, I would at least prepare a Rule 12 b(6) motion and attach the state court ruling in support and file that as soon as the complaint is filed. You can go to jdsupra.com or justia and receive notice when a particular ruling or something significant is going on with a specific case so you'll know when it's filed. Guess the best advice is pretty obvious by now, just cover yourself here and roll on.

 

[tranquility]

If the case was dismissed in state court, wouldn't the doctrine of res judicata (claim preclusion) or collateral estoppel (issue preclusion) apply if brought up later in federal court? In any event, I would at least prepare a Rule 12 b(6) motion and attach the state court ruling in support and file that as soon as the complaint is filed. You can go to jdsupra.com or justia and receive notice when a particular ruling or something significant is going on with a specific case so you'll know when it's filed. Guess the best advice is pretty obvious by now, just cover yourself here and roll on.

I don't think there was a federal question or was diversity giving federal jurisdiction. But, if there was, what issue/claim here would be precluded?