Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Thursday, May 12, 2011

Res Judicata & Collateral Estoppel - Claim Preclusion and Issue Preclusion in Texas Courts

AFFIRMATIVE DEFENSE OF RES JUDICATA (CLAIM PRECLUSION) Under the doctrine of res judicata, a party is precluded from litigating a claim in a pending action if (1) in a previous action, a court of competent jurisdiction rendered a final determination on the merits of a claim, (2) the parties that litigated the prior claim are identical to or in privity with the parties litigating the pending claim, and (3) the pending claim (a) is identical to the prior claim or (b) arises out of the same subject matter as the prior claim and could have been litigated in the previous action. Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. 2010). Being a determination on the merits, the prior final judgment bars the same claims in the present action under the doctrine of res judicata. See Joachim 315 S.W.3d at 862. SOURCE: Houston Court of Appeals 01-10-00020-CV 5/12/22 AFFIRMATIVE DEFENSE OF COLLATERAL ESTOPPEL (ISSUE PRECLUSION) Under the doctrine of collateral estoppel, a party is precluded from raising an issue in a pending action if in a previous action, (1) the party was cast as an adversary with respect to the same issue, (2) that issue was fully and fairly litigated, and (3) that issue was essential to the judgment rendered. John G. & Marie Stella Kenedy Mem’l Found. v. Dewhurst, 90 S.W.3d 268, 288 (Tex. 2002); Texas Dept. of Pub. Safety v. Petta, 44 S.W.3d 575, 579 (Tex. 2001). SOURCE: Houston Court of Appeals 01-10-00020-CV 5/12/22