Res Judicata Bars Second Lawsuit

September 3, 2014

In this decision, the Court of Appeals found that the plaintiffs’ claims were barred by the doctrine of res judicata because those claims should have been litigated in a prior lawsuit brought by one of the plaintiff against the same defendants.  Although one of the plaintiffs in the second suit was not a party to the initial litigation, the Court nevertheless applied res judicata to both plaintiffs because the “new” plaintiff was a one person professional association populated entirely by the previous plaintiff.  Thus, the parties were in privity with one another, and res judicata barred the claim.

Hill v. Tx-An Anesthesia Mgmt. P.A.