Does a contract trump res judicata?

[stump0414]

Is a judment that is based on Ohio law, when the parties agreed that any litigation should be based on Virginia law, subject to being vacated and ruled void? Basically, does a contract trump res judiata?

 

[army judge]

Is a judment that is based on Ohio law, when the parties agreed that any litigation should be based on Virginia law, subject to being vacated and ruled void? Basically, does a contract trump res judiata?

In essence, yes.

In legal parlance, no.

However, the effect would be the same.

If A & B settle a contract (or legal dispute) by court process, and then become entangled in "another/new" contract, the "new/current" contractual terms are looked at in resolving their current dispute.

The prior legal decision applies only to their previous dispute.

It isn't applicable to their new dispute.

However, if they're litigating the same legal point of contention, they might be wise to expect the same legal conclusion/decision.