In complex or multi-party cases where Constructive Res Judicata applies, a strategic approach is essential to avoid wrongful dismissal. Lawyers should begin with a thorough analysis of all prior litigation to identify any issues that could have been raised but were not, focusing on the relationships between parties to ensure the doctrine applies correctly. If applicable, exceptions such as new evidence or changes in facts should be explored and argued to justify reopening the matter. Effective pleading is key, with clear objections and motions explaining why the doctrine should not apply in this case, such as showing the issue was not central in the prior proceedings. In multi-party cases, collaborating with other parties to present a unified strategy can also help. Additionally, exploring settlements or alternative dispute resolution methods can offer a way to resolve the matter without relying solely on the court’s decision, helping to navigate the complexities and prevent wrongful dismissal.
