Under Massachusetts law, the mere alignment of interests is insufficient to support preclusive effect against a nonparty; the doctrines of res judicata and law of the case do not bar a group of plaintiffs from litigating whether they qualified as employees of a company when they had been severed from a prior case and the plaintiff in that case had no legal relationship to the group plaintiffs. The test in Dynamex Operations West v. Superior Court applies retroactively to all nonfinal cases that predate the effective date of the Dynamex decision; the retroactive application of the Dynamex employment test does not violate due process.
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