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CHAPTER 26

Res Judicata (Claim Preclusion)

The Limits of Procedural Liberality

INTRODUCTION

Perhaps you are thoroughly tired of hearing how reasonable the Federal Rules of Civil Procedure are. Certainly, one of the recurrent themes of the Rules is to create a flexible procedural system in order to prevent procedure from dominating substance, to assure that the merits of the parties' claims, not procedural missteps, determine the outcome of lawsuits.

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