8th Circuit: Res Judicata Bars Ex-Husband’s Suit Arising Out Of Pension Payments

Mealey's (January 18, 2019, 12:21 PM EST) -- ST. LOUIS — A district court did not err in finding that the doctrine of res judicata bars an ex-husband’s suit seeking recovery of payments made to his ex-wife because a New Jersey state court previously determined that the ex-wife was entitled to a portion of the ex-husband’s pension regardless of whether the Employee Retirement Income Security Act applied, the Eighth Circuit U.S. Court of Appeals said Jan. 16 (Bruce G. Schwartz v. Ardis Bogen, No. 17-3812, 8th Cir., 2019 U.S. App. LEXIS 1386)....