Medicability, LLC v. Blue Hill Buffalo Consulting, LLC
After Medicability's first suit in its own name was dismissed for lack of standing (it was not a party to the contract), it filed a second suit as assignee of the contracting party. The Second District held res judicata did not bar the second suit because the fourth identity involving the quality or capacity of the party suing was absent: the first suit sought Medicability's own damages, while the second was brought in its capacity as assignee of Strategic Solutions. The dismissal with prejudice was reversed and remanded.
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