PART II. RES JUDICATA
§4231. Res judicata
Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
(1) If the judgment is in favor of the plaintiff, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and merged in the judgment.
(2) If the judgment is in favor of the defendant, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and the judgment bars a subsequent action on those causes of action.
(3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any subsequent action between them, with respect to any issue actually litigated and determined if its determination was essential to that judgment.
Acts 1990, No. 521, §1, eff. Jan. 1, 1991.
Notes of Decisions
Cited in
911
cases (
90 in the last 5 years), 1951–2026 · leading case:
Burguieres v. Pollingue, 843 So. 2d 1049 (La. 2003).
Burguieres v. Pollingue, 843 So. 2d 1049 (La. 2003).
· cites it 18× “R.S. 13:4231. The trial court denied defendants' exception of res judicata.”
Goodman v. Spillers, 686 So. 2d 160 (La. Ct. App. 1996).
· cites it 19× “R.S. 13:4231, et seq. Goodman's reconventional demands in the United Group action were dismissed with prejudice on a directed verdict judgment in 1994.”
Myers v. Nat'l Union Fire Ins. Co., 43 So. 3d 207 (La. Ct. App. 2010).
· cites it 7× “Louisiana’s res judicata statute is La.Rev.Stat. § 13:4231, which provides: | fiExcept as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: (1) If the judgment is in…”
Eddy Oliver, Oscarlene Nixon, & Mildred Goodwin v. Orleans Par. Sch. Bd., 156 So. 3d 596 (La. 2014).
· cites it 7× “R.S. 13:4231 “makes a substantial change in the law,” as under the prior statute, “a second cause of action would be barred by the defense of res judicata only when the plaintiff seeks the same 31 relief based on the same cause of action or grounds.”
Smith Int'l, Inc. v. Egle Grp., LLC, 490 F.3d 380 (5th Cir. 2007).
· cites it 3× “Accordingly, the district court held that Louisiana’s res judicata statute, La.Rev.Stat. Ann. § 13:4231 (West 2006), and reconventional demand rule, La.”
Matherne v. TWH Holding, L.L.C., 136 So. 3d 854 (La. Ct. App. 2013).
· cites it 13× “It was, in fact, a final and valid judgment pursuant to Louisiana R.S. 13:4231, and therefore, res judicata does apply in this matter, and I will grant the exception of res judicata, dismissing the matter with prejudice.”
Kevin Assocs., LLC v. Crawford, 917 So. 2d 544 (La. Ct. App. 2005).
· cites it 8× “R.S. 13:4231, the Supreme Court judgment at issue is conclusive between the parties and the Department's claim for attorney fees was barred once the Supreme Court judgment became final.”
Five N Co. LLC v. Stewart, 850 So. 2d 51 (La. Ct. App. 2003).
· cites it 5× “R.S. 13:4231, provides: [14] Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: (1) If the judgment is in favor of the plaintiff, all causes of action existing…”
Quatrevingt v. State, 242 So. 3d 625 (La. Ct. App. 2018).
· cites it 4× “R.S. 13:4231 and provides, in pertinent part: Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: * * * (2) If the judgment is in favor of the defendant, all…”
Fine v. Reg'l Transit Auth., 676 So. 2d 1134 (La. Ct. App. 1996).
· cites it 9× “R.S. 13:4231. A final judgment acquires the authority of the thing adjudged if no further review is sought within the time fixed by law or if the judgment is confirmed on review.”
Diamond B Const. Co., Inc. v. DOTD, 845 So. 2d 429 (La. Ct. App. 2003).
· cites it 5× “However, under LSA-R.S. 13:4231, as amended in 1990, effective January 1, 1991, res judicata bars relitigation of a subject matter arising from the same transaction or occurrence of a previous suit.”
— La. Rev. Stat. § 13:4231(1) — 26 cases
Smith Int'l, Inc. v. Egle Grp., LLC, 490 F.3d 380 (5th Cir. 2007).
“Accordingly, the district court held that Louisiana’s res judicata statute, La.Rev.Stat. Ann. § 13:4231 (West 2006), and reconventional demand rule, La.”
— La. Rev. Stat. § 13:4231(2) — 35 cases
Goodman v. Spillers, 686 So. 2d 160 (La. Ct. App. 1996).
“R.S. 13:4231, et seq. Goodman's reconventional demands in the United Group action were dismissed with prejudice on a directed verdict judgment in 1994.”
— La. Rev. Stat. § 13:4231(3) — 69 cases
Myers v. Nat'l Union Fire Ins. Co., 43 So. 3d 207 (La. Ct. App. 2010).
“Louisiana’s res judicata statute is La.Rev.Stat. § 13:4231, which provides: | fiExcept as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent: (1) If the judgment is in…”
— La. Rev. Stat. § 13:4231(A)(1) — 1 case
— La. Rev. Stat. § 13:4231(B) — 1 case
— La. Rev. Stat. § 13:4231(a) — 1 case
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