Bergeron v. Busch

In Bergeron v. Busch, 228 Mich App 618, 620-621; 579 NW2d 124 (1998), the Court discussed the doctrine of res judicata: The applicability of res judicata is a legal question that this Court reviews de novo. Michigan has adopted a broad application of res judicata that bars claims arising out of the same transaction that plaintiff could have brought but did not. The doctrine serves a two-fold purpose: to ensure the finality of judgments and to prevent repetitive litigation. However, in order for the first action to bar the second, res judicata requires that: (1) the prior action was decided on the merits; (2) the matter contested in the second case was or could have been resolved in the first; (3) both actions involved the same parties or their privies.