Pauline and Doug, while each was driving, collided. Pauline suffered personal injuries and damage to her car. Pauline brought a federal court diversity action against Doug, for her personal injuries but not for her property damage. The suit was brought in Iowa federal district court. Doug made a motion under Rule 12(b)(6) for failure to state a cause of action; he asserted that Pauline's claim was barred by the statute of limitations. The federal judge agreed with this assertion and dismissed the case. The order of dismissal did not say whether the dismissal was with prejudice. Pauline has then brought another action, again in federal court for Iowa, seeking to recover for the property damage she sustained in the accident (in contrast to the personal injury damages she sought in the first action).

Should the federal judge hear Pauline's second claim on the merits? Please make sure to IRAC the issue and any sub-issue(s).

Answer rating: 100% (QA)

Answer Issue Whether the federal judge should hear Paulines second claim on the merits after her fir... View the full answer