Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Tuesday, September 1, 2009

Effect of Collateral Estoppel

The doctrine of collateral estoppel prevents a party from relitigating an issue of fact or law that it previously litigated and lost. See Quinney Elec., Inc. v. Kondos Entm't, Inc., 988 S.W.2d 212, 213 (Tex. 1999) (per curiam). Collateral estoppel applies when an issue was fully and fairly litigated in a previous action and was essential to the judgment in that action. Id.Here, the BII defendants had the burden to establish that (1) the facts or law sought to be litigated in the second suit were fully and fairly litigated in the first suit, (2) those issues were essential to the judgment in the first suit, and (3) Suzanne and 2055, as the parties against whom collateral estoppel is asserted, and Robert, as the other party to the first suit, were cast as adversaries. John G. and Marie Stella Kenedy Mem'l Found. v. Dewhurst, 90 S.W.3d 268, 288 (Tex. 2002); Indem. Ins. Co. v. City of Garland, 258 S.W.3d 262, 271 (Tex. App.-Dallas 2008, no pet.). An issue has been litigated for collateral estoppel purposes if it was properly raised, by the pleadings or otherwise, submitted for determination, and determined. Van Dyke v. Boswell, O'Toole, Davis & Pickering, 697 S.W.2d 381, 384 (Tex. 1985); Indemnity Ins. Co., 258 S.W.3d at 271. SOURCE: 05-08-01057-CV

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