A Colorado appeals court, in a case of first impression, has ruled that the doctrine of res judicata does not bar a case from proceeding in state court if a court in another jurisdiction dismisses a similar action on forum non conveniens grounds.

According to the unanimous three-judge appellate panel’s July 14 opinion, a group of investors and businesses created an entity called Nation SLP to develop oil and gas properties in Australia, according to the opinion. Nation was formed as a fundraising enterprise, which in turn, created multiple businesses to manage the investment capital and to operate exploration permits.