How To Prove A Texas Claim Preclusion (Res Judicata) Defense

 

 

In Texas, a defense of Claim Preclusion (Res Judicata) is defined as:

Claim preclusion, also known as res judicata, bars a person from re-litigating a claim or cause of action where the same claim has been litigated on its merits by the same parties, and a final decision has been rendered by a court.

It simply means:

One party can’t sue another twice for the same claim.

There are 3 elements of the defense:

• Element 1. There was a prior final judgment on the merits by a court of competent jurisdiction A court has already made a final decision on the important facts of a case, which means that the same issue cannot be brought up again in a new lawsuit.
  

  Facts that might support this element look like:

  * The previous case was adjudicated in the Superior Court, which has jurisdiction over the matter.
  * A final judgment was issued by the court, resolving all claims between the parties.
  * The parties involved in the prior case are the same as those in the current dispute.
  * The issues presented in the current case were fully litigated and decided in the prior judgment.
  * The prior judgment was not appealed and is therefore final and binding.

• Element 2. The parties to the original action were the same as those parties in the second action or in privity with those parties. For a claim to be barred by res judicata, the people involved in the first lawsuit must be the same as those in the second lawsuit, or closely related to them, meaning they have a significant connection or relationship in the legal matter at hand.
  

  Facts that might support this element look like:

  * The plaintiff in the original action is the same individual who initiated the second action against the defendant.
  * The defendant in the first lawsuit is also the defendant in the subsequent lawsuit, maintaining the same legal identity.
  * Both actions involve the same parties, with no new parties introduced in the second action.
  * The original action was resolved with a final judgment, and the same parties are now involved in a related dispute.
  * The parties in the second action share a significant legal relationship, demonstrating privity through their prior dealings.

• Element 3. The second action is based on the same claims that were raised or could have been raised in the first action. The second lawsuit must involve the same issues or claims that were already addressed in the first lawsuit, meaning you can’t bring up the same arguments again if they were or could have been included in the initial case.
  

  Facts that might support this element look like:

  * The first action involved a dispute over the same contract terms that are being contested in the second action.
  * Both actions arise from the same set of underlying facts related to the alleged breach of the same agreement.
  * The plaintiff had the opportunity to raise all claims related to the incident in the first action but chose not to do so.
  * The parties involved in both actions are identical, ensuring that the same legal relationships are being examined.
  * The relief sought in the second action mirrors the remedies requested in the first action, indicating overlapping claims.

^{(See Philips v. McNease, 467 SW 3d 688 – Tex: Court of Appeals 2015. Tex.R. Civ. P. 94; Citizens Ins. Co. of Am. v. Daccach, 217 S.W.3d 430, 449 (Tex. 2007).)}
If you’re in court without a lawyer and plan to assert a Defense of Claim Preclusion (Res Judicata), having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively present your defense.

Prove Your TX Claim Preclusion (Res Judicata) Defense

U.S. Civil Cases Only