I am the Plaintiff "pro se" in a present District Court case (large claim) that I filed (on the last day of the 3 year statute of limitations) to recover attorney fees in response to a bad-faith lawsuit the Defendant originally filed against me 3 years ago. Defendant knew they prosecuted a bad faith case and later "voluntarily dismissed in its entirety without prejudice" because I would not enter into a settlement agreement with them. The "without prejudice" part left me in "perpetual legal limbo" until the 3 year statue of limitations ran in the Defendant's original case.
During the recent truncated District Court case (the court did not have enough time to hear the entire case, so there will be a Part II at some point), In an opening statement, I informed the sitting judge that I was the "prevailing party" in the original case as the jurisprudence developed with respect to that term was applicable as noted in: HYUNDAI MOTOR AMERICA v. ANGELA R. ALLEY (MD Court of Special Appeals, No. 1495, 2007) as found at: http://www.courts.state.md.us/opinio...08/1495s07.pdf (I even handed her a copy of this case)
As trial proceeded for Part I, the Defendant's attorney effectively resurrected and relitigated the original case which they willfully abandoned (eg. voluntarily dismissal in its entirety without prejudice) and the judge allowed this to happen. Under the doctrine of res judicata (eg. an adjudicated issue that cannot be relitigated), I think the judge had an obligation (in the face of me stating that I was the "prevailing party" in that settled case) to disallow the Defendant's statements, arguments and testimony. And surely the lawyer knew what he was doing and what he was getting away with.
With that said before Part II begins, I'd like to petition the court to strike the Defendant's tactics. I feel like the judge erred by allowing this to happen. How would I motion the court (without infuriating the sitting judge) to strike the Defendant's statements, arguments and testimony from the record as they relate to resurrecting/relitigating claims from the settled original case?
There is an Administrative Judge above the District Court Judge... do I need to motion this administrator instead? What is the form of the motion/correspondence that I need to construct for submission to the Court?
Could I petition the administrative judge for a new trial since the lawyer (and maybe the judge) have a careless disregard for the doctrine of res judicata?

