policies behind doctrine (Texas) · Go Syfert
← Texas issues

policies behind doctrine in Texas

37 Texas opinions name it 1 courts 1993–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Barr v. Resolution Trust Corp. Ex Rel. Sunbelt Federal Savingsgreen
tex · 1992 · cited in 28 Texas opinions naming this issue, 1993–2023
2 sentences

2023The well-established policies behind the doctrine of res judicata “reflect the need to bring all litigation to an end, prevent vexatious litigation, maintain stability of court decisions, promote judicial economy, and prevent double recovery.” Barr, 837 S.W.2d at 629 .

2022Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996). . . . arbitrator has reached a decision by “corruption, fraud, or other undue means.” 13 For res judicata to apply, the following elements must be present: (1) a prior final judgment on the merits by a court of competent jurisdiction, (2) the same 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.] The policies behind this doctrine “reflect the need to bring all litigation to an end, prevent vexatious litigation, maintain stabilit

728
Amstadt v. United States Brass Corp.green
tex · 1996 · cited in 6 Texas opinions naming this issue, 2000–2022
2 sentences

2022Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996). . . . arbitrator has reached a decision by “corruption, fraud, or other undue means.” 13 For res judicata to apply, the following elements must be present: (1) a prior final judgment on the merits by a court of competent jurisdiction, (2) the same 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.] The policies behind this doctrine “reflect the need to bring all litigation to an end, prevent vexatious litigation, maintain stabilit

2016The elements required to establish res judicata are “(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 that were raised or could have been raised [out of the same subject matter] in the first action.” Amstadt v. U. S. Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996).

36
Apex Towing Co. v. Tolingreen
tex · 2001 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122 (Tex. 2001) (“[W]ithout re-examining whether the policy reasons behind the tolling rule apply in each legal-malpractice case matching the Hughes paradigm, courts should simply apply the Hughes tolling rule to the category of legal-malpractice cases encompassed within its definition.”).

2010See Apex Towing Co. v. Tolin , 41 S.W.3d 118, 122 (Tex. 2001) ("[W]ithout re-examining whether the policy reasons behind the tolling rule apply in each legal-malpractice case matching the Hughes paradigm, courts should simply apply the Hughes tolling rule to the category of legal-malpractice cases encompassed within its definition.").

22
Engelman Irrigation District v. Shields Bros., Inc.green
tex · 2017 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Engelman Irrigation Dist. v. Shields Bros., Inc., 514 S.W.3d 746, 750 (Tex. 2017).

11
Welch v. Hrabargreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Welch v. Hrabar , 110 S.W.3d 601, 609 (Tex. App. C Houston [14th Dist.] 2003, pet. denied).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Gracia v. RC Cola-7-Up Bottling Co. green
tex · 1984
1 sentence

2014“The policies behind the doctrine reflect the need to bring all litigation to an end, prevent vexatious litigation, maintain stability of court decisions, promote judicial economy, and prevent double recovery.” Id.

12014–2014
Kizer v. Meyer, Lytton, Alen & Whitaker, Inc. green
texapp · 2007
1 sentence

2012Id.

12012–2012
Henry v. Chubb Lloyds Insurance Co. of Texas green
texapp · 1995
2 sentences

2000Barr, 837 S.W.2d at 629 ; Henry, 895 S.W.2d at 812-13 ; Zollie Steakley & Weldon U. Howell, Jr., Ruminations on Res Judicata, 28 Sw.L.J. 355, 358-59 (1974).

2000Barr, 837 S.W.2d at 629 ; Henry, 895 S.W.2d at 812-13 ; Zollie Steakley & Weldon U. Howell, Jr., Ruminations on Res Judicata, 28 Sw.L.J. 355, 358-59 (1974).

12000–2000

Where else courts name it

TX 37 (1993–2023) CA 13 (1981–2016) OR 8 (2004–2021) CT 7 (1986–2006) OH 7 (2003–2008) IL 6 (2015–2025) NY 4 (1982–1994) UT 4 (2000–2024) NJ 3 (1992–2009) FL 3 (2000–2005) VT 3 (2019–2019) CO 2 (2002–2012) IN 2 (1994–2000) NC 2 (1994–2012) NM 2 (1982–1982) WA 2 (1980–2025) NV 2 (2015–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check