Bar Exam Uniform Quiz
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CIVIL PROCEDURE
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A software company sued a former employee in federal court in State A for misappropriation of trade secrets. After a full trial, the court found that the former employee had not misappropriated any trade secrets and entered a final judgment in her favor. The company did not appeal. One year later, the company filed a new lawsuit against the same former employee in federal court in State B. The second lawsuit alleges that the employee breached her non-disclosure agreement by using the company's confidential information. The factual basis for the second suit is the exact same conduct that was at issue in the first suit.
The former employee moves to dismiss the second lawsuit on the basis of claim preclusion. How should the court rule on the motion? Select one.
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