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- Chapter 16 Affirmative Defenses
Chapter 16-7 Res Judicata and Collateral Estoppel
Jurisdiction | United States |
16-7 Res Judicata and Collateral Estoppel
Res judicata and collateral estoppel seek to prevent the relitigation of issues or claims. Res judicata, or claim preclusion, seeks to prevent the relitigation of claims which were actually brought, or could have been actually brought, in a prior lawsuit. The doctrine of res judicata reflects the fact that, upon the entry of judgment, the plaintiff's causes of action merge into the judgment and any attempt to relitigate the claim is barred.52 Collateral estoppel, or issue preclusion, seeks to prevent the relitigation of issues which have already been decided for or against a party.53 Collateral estoppel can be used as either an offensive sword or a defensive shield.54
16-7:1 Elements—Res Judicata
(1) A prior final judgment on the merits by a court of competent jurisdiction;55
(2) Identity of parties or those in privity with them;56 and
(3) A second action based on the same claims as were raised or could have been raised in the first action.57
16-7:2 Elements—Collateral Estoppel
(1) The facts sought to be litigated in the second action were fully and fairly litigated in the first action;58
(2) Those facts were essential to the judgment in the first action;59 and
(3) The parties were cast as adversaries in the first action.60
16-7:3 Other Substantive Issues
The main thrust of res judicata is the scope of the doctrine. Simply speaking, the doctrine prohibits bringing any claims which were brought or arise out of the same subject matter and could have been brought if the plaintiff had exercised due diligence.61
Collateral estoppel bars relitigation of issues which are common to separate causes of action. Therefore, if two or more causes of action have similar discrete issues, collateral estoppel prevents the relitigation of the issue after one has been decided.62
A judicial decision applies retroactively to pending cases, even those pending on appeal, but res judicata precludes a collateral attack on a judgment that has become final in order to bring litigation to an end and avoid the possibility of reopening litigation that is the subject of a final judgment because the governing law later changes.63
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Notes:
[52] Jeanes v. Henderson, 688 S.W.2d 100, 103 (Tex. 1985).
[53] Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 801 (Tex. 1994).
[54] See Eagle Props., Ltd. v. Scharbauer, 807 S.W.2d 714, 722 (Tex. 1990).
[55] Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996).
[56] Amstadt v. U.S. Brass...
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Request your trial- Title
- Chapter 16 Affirmative Defenses
- Chapter 16-1 Pleading Rules and Their Effect
- Chapter 16-2 Payment
- Chapter 16-3 Accord and Satisfaction
- Chapter 16-4 Arbitration and Award
- Chapter 16-5 Release
- Chapter 16-6 Waiver
- Chapter 16-7 Res Judicata and Collateral Estoppel
- Chapter 16-8 Discharge in Bankruptcy
- Chapter 16-9 License
- Chapter 16-10 Assumption of The Risk and Contributory Negligence
- Chapter 16-11 Duress
- Chapter 16-12 Estoppel
- Chapter 16-13 Illegality
- Chapter 16-14 Failure of Consideration
- Chapter 16-15 Fraud
- Chapter 16-16 Statute of Frauds
- Chapter 16-17 Statute of Limitations
- Chapter 16-18 Laches
- Chapter 16-19 Parental Immunity
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