Foster v. Minnesota, No. 17-1177 (8th Cir. 2018)
Annotate this CasePlaintiff filed a class action against Harne defendants under 42 U.S.C. 1983, alleging that the State's failure to share annual payments under a Settlement Agreement, where Minnesota released and forever discharged tobacco companies from claims that they violated state consumer protection statutes in exchange for substantial period payments, constituted a taking in violation of the Fifth Amendment. The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss, holding that res judicata barred the claim. In this case, plaintiff's takings claim in federal court was identical to the federal takings claims asserted in Harne v. State, No. A14-1985, 2015 WL 4523895; Harne involved the same parties; under Minnesota law, the dismissal of the claims in Harne as time-barred was a final judgment on the merits; and plaintiff and Harne actually litigated their federal claims in Harne.
Court Description: Loken, Author, with Wollman and Melloy, Circuit Judges] Civil case - Civil procedure. In this action under Section 1983 claiming the State of Minnesota's failure to share annual proceeds of a 1998 Tobacco Litigation settlement constituted a taking in violation of the Fifth Amendment, the district court did not err in concluding that the action was barred by res judicata because the same claim was raised and rejected in a plaintiffs' Minnesota state court suit, see Harne v. State, No. A14-1985, 2015 WL 453895 (Minn. App. June 29, 2015). [ April 19, 2018
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