Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

Need a little legal ammo? Search for caselaw on legal theories and defenses here:

Thursday, September 10, 2009

The Elements of Collateral Estoppel

What are the Elements of Collateral Estoppel? When does collateral estoppel (not) apply? The elements of collateral estoppel are: (1) the facts sought to be litigated in the second action were fully and fairly litigated in the first action, (2) those facts were essential to the judgment in the first action, and (3) the parties were cast as adversaries in the first action. Case Funding Network, L.P. v. Anglo-Dutch Petroleum Int'l, Inc., 264 S.W.3d 38, 52 (Tex. App.--Houston [1st Dist.] 2007, pet. denied) (citing Tex. Dep't of Pub. Safety v. Petta, 44 S.W.3d 575, 579 (Tex. 2001)). It is undisputed that the Pedens were not "cast as adversaries" against South Texas and Lawton in the earlier suit. Therefore, collateral estoppel does not apply. The trial court erred if it granted summary judgment on this ground. SOURCE: 01-08-00373-CV (9/10/09)

No comments:

Post a Comment