Trireme Energy Development v. RWE Renewables

Summary

The Second Circuit affirmed dismissal of Trireme's breach-of-contract action because res judicata barred it after Trireme unsuccessfully sought to add the same claim in an earlier action. The court adopted a nonexclusive, multifactor approach considering the nature of the denial of amendment, appealability, when the claim arose, diligence and access to information, and pro se status. Applying those factors, the court emphasized that Trireme was represented, the alleged breach predated the first complaint, publicly available and discovery materials provided notice, and Trireme did not appeal the denial of amendment.