not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng’r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee’s audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision
holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive