law-res-judicata
RES JUDICATA
Res judicata precludes relitigation of claims that have been finally adjudicated, or that arise out of
the same subject matter and that could have been litigated in the prior action. Amstadt v. U.S. Brass
Corp., 919 S.W.2d 644, 652 (Tex. 1996). It requires proof of the following elements: (1) a prior final
judgment on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity
with them; and (3) a second action based on the same claims as were raised or could have been
raised in the first action. Id.
Res judicata precludes re-litigation of claims that have been finally adjudicated, or that arise out of
the same subject matter and that could have been litigated in the prior action. Amstadt v. U.S.
Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996). Res judicata is an affirmative defense. Tex. R.
Civ. P. 94. The party asserting the defense must prove: (1) a prior final judgment on the merits by a
court of competent jurisdiction; (2) identity of parties or those in privity with them; and (3) a second
action based on the same claims as were raised or could have been raised in the first action.
Amstadt, 919 S.W.2d at 652. We apply a transactional approach to res judicata. Barr v.
Resolution Trust Corp., 837 S.W.2d 627, 631 (Tex. 1992). Under that approach, the subject matter
of a suit is based on the factual matters that comprise the gist of the complaint. Id. at 630. Any
claim that arises out of those facts should be litigated in the same action. Id.
RES JUDICATA CASELAW | RECENT TEXAS SUPREME COURT OPINION
Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (Dale Wainwright)
(employment law, Pay Day Act claim, res judicata, claim preclusion based on agency ruling)
SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas
County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The
dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place.
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