Wiser v. Montana Board of Dentistry, 2011 MT 56, 360 Mont. 1

Summary

The Supreme Court of Montana affirmed summary judgment for the Montana Board of Dentistry on res judicata grounds. The court held that the plaintiffs' challenge to the validity and enforcement of a regulation restricting denturists from fitting prostheses over dental implants involved the same parties, subject matter, issues, and capacities as their prior action. Because the prior judgment resolved claims that were raised or could have been raised, the subsequent action was barred.

Holdings

1. The plaintiffs' action was barred by res judicata because the prior Wiser I judgment was final and the two actions involved the same parties or privies, subject matter, issues, and capacities.

Questions Presented

1. Whether the district court erred in concluding that the plaintiffs' statutory challenge to Admin. R.M. 24.138.2302(1)(j) was barred by res judicata.
2. Whether the parties, subject matter, issues, and capacities were sufficiently identical between the present action and the prior Wiser I action to satisfy res judicata.

Disposition

affirmed