Under federal rules of res judicata, when a lawsuit is dismissed with prejudice by agreement, should a term of the agreement that purports to allow the plaintiff to file a subsequent lawsuit against non-parties be sufficient, standing alone and without express court authorization, to permit the plaintiff to bring the same settled and dismissed claim in a separate lawsuit against new defendants based on the liability theory that all defendants had acted as a 'single employer,' or otherwise acted as a 'single enterprise'?

QUESTION PRESENTED Under federal rules of res judicata, when a lawsuit is dismissed with prejudice by agreement, should a term of the agreement that purports to allow the plaintiff to file a subsequent lawsuit against non-parties be sufficient, standing alone and without express court authorization, to permit the plaintiff to bring the same settled and dismissed claim in a separate lawsuit against new defendants based on the liability theory that all defendants had acted as a “single employer,” or otherwise acted as a “single enterprise”?