Chapter § 5-7 § 213.007. Collateral Estoppel Doctrine Inapplicable

• Jurisdiction: United States

5-7 § 213.007. Collateral Estoppel Doctrine Inapplicable

A finding of fact, conclusion of law, judgment, or final order made under this subtitle is not binding and may not be used as evidence in an action or proceeding, other than an action or proceeding brought under this subtitle, even if the action or proceeding is between the same or related parties or involves the same facts.

5-7:1 Commentary

5-7:1.1 Findings and Conclusions of the TWC Cannot Be Used in Subsequent Lawsuit

The findings and conclusions of the TWC cannot be used in a subsequent lawsuit. Plaintiffs often attempt to use a favorable finding or conclusion to defeat summary judgment. Two Texas cases find these efforts unavailing.

• Williams v. Aviall Servs., Inc., 76 F. App'x 534 (5th Cir. 2003) (summary judgment properly granted in race discrimination case; to establish pretext, plaintiff offered the TWC determination that he had not been terminated for misconduct and that he had received pay increases during his employment; appeals court holds that this collateral estoppel section precluded his reliance upon the determination and that it was insufficient to prevent summary judgment).
• Dortch v. Mem'l Herman Healthcare

...