Under res judicata, parties to a litigation case are prevented from relitigating a claim if the same parties litigated the same claim in prior litigation that reached a determination of the claim. If Mary sued Robert for breach of contract, but the court dismissed the action under Rule 12(b) for failure to state a claim, is Mary prohibited from re-filing the action (using a revised complaint) under res judicata?

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No, because the court did not reach a determination in the first action. Res judicata prevents parties from relitigating a claim in a second action. Here, Mary's second action is not prohibited on res judicata grounds because the court dismissed the first action for failure to state a claim. In other words, the court did not make a ruling on the merits. The revised complaint is not a new or different claim because it still involves breach of contract against Robert, but with more facts alleged that will be sufficient for a prima facie case.

Under Res Judicata, Parties to a Litigation Case Are Prevented