Cluster 381412

See Fisher, 864 F.2d at 439 ; 18 Moore, supra, ¶ 131.22[3] (acknowledging that a new statute may justify institution of a subsequent action); see also Collins, 468 F.3d at 229 n. 3 (“[R]es judicata of administrative decisions is not encrusted with rigid finality that characterizes the precept in judicial proceedings.”); Int’l Harvester, 628 F.2d at 986 (“This court does not adhere to a rigid view of the doctrine in the administrative context.”).

See Fisher, 864 F.2d at 439 ; 18 Moore, supra, ¶ 131.22[3] (acknowledging that a new statute may justify institution of a subsequent action); see also Collins, 468 F.3d at 229 n.3 (“[R]es judicata of adminis- trative decisions is not encrusted with rigid finality that characterizes the precept in judicial proceedings.”); Int’l Harvester, 628 F.2d at 986 (“This court does not adhere to a rigid view of the doctrine in the administrative con- text.”).

Id. at 986; see Spilker v. Hankin, 188 F.2d 35, 38-39 (D.C.Cir.1951).

Id. at 985-86.

See, e.g., Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir.1988); International Harvester Co. v. Occupational Safety and Health Review Comm’n, 628 F.2d 982, 986 (7th Cir.1980).

Co. v. Sealy, Inc., 669 F.2d 490 , 494 (7th Cir. 1982) (continuing violations of antitrust laws create separate causes of action), cert, denied, 459 U.S. 943 , 103 S.Ct. 257 , 74 L.Ed.2d 201 (1982); International Harvester Co. v. Occupational Safety and Health Review Comm’n., 628 F.2d 982, 985-86 (7th Cir.1980) (continuing violation of administrative regulation).

International Harvester, 628 F.2d at 986.

Considerations of public policy and fairness have led courts to stay the application of res judicata in a number of different situations, e.g., (1) where “neither the interests served by res judicata, the process of orderly adjudication in state courts, nor the policies of the Bankruptcy Act would be well served” by precluding the petitioner from presenting evidence beyond the earlier judgment in a later suit to determine whether a debt previously reduced to judgment is disc…

See 29 U.S.C. § 660 (a); International Harvester, 628 F.2d at 986.

See International Harvester Co. v. OSHRC, 628 F.2d 982 , 984-86 (7th Cir.1980).

See International Harvester Co. v. Occupational Safety and Health Review Commission, 628 F.2d 982 , 986 n. 4 (7th Cir.1980) (distinguishing Continental Can and finding no harassment because OSHA had not repeatedly cited Harvester for conduct that was previously found lawful). 23 In addition to the foregoing, DOL's action does not rise to the level of vexatiousness because we cannot see, nor do appellants show us, how they will be harmed by litigating in the administrative fo…

See International Harvester Co. v. Occupational Safety and Health Review Commission, 628 F.2d 982 , 986 n. 4 (7th Cir.1980) (distinguishing Continental Can and finding no harassment because OSHA had not repeatedly cited Harvester for conduct that was previously found lawful).

See International Harvester Co. v. Occupational Safety & Health Review Comm’n, 628 F.2d 982 , 984 (7th Cir.1980).

See International Harvester Co. v. Occupational Safety and Health Review Commission, 628 F.2d 982 (7th Cir. 1980) and Kaspar Wire Works Inc. v. Leco Engineering and Machine Inc., 575 F.2d 530 (5th Cir. 1978).

See, e.g., Int’l Harvester Co. v. Occupational Safety & Health Review Comm’n, 628 F.2d 982 , 986 (7th Cir.1980) (“[E]ven where the technical requirements of res judicata have been established, a court may nonetheless refuse to apply the doctrine.”).

Bd., 548 F.2d 594, 597 (5th Cir.), cert. denied, 434 U.S. 859 (1977); see also International Harvester Co. v. Occupational Safety & Health Review Comm'n, 628 F.2d 982 , 986 (7th Cir.1980). 8 Defendants argue that this action is barred by the doctrine of res judicata.

See Lawlor v. National Screen Service Corp., 349 U.S. 322, 327-29 , 75 S.Ct. 865, 868-69 , 99 L.Ed. 1122 (1955); see also International Harvester Co. v. OSHA, 628 F.2d 982 , 985-86 (7th Cir.1980). *1106 Schneider and Ramos may press their federal claims before this court.