Collateral estoppel defeats “case-in-a-case” requirement

A significant challenge in professional liability cases involving litigation is proving the “case in a case” – what the outcome should have been in the relevant lawsuit, absent the alleged malpractice. In Haddock v. Gruber, the Fifth Court addressed the collateral estoppel effect of an earlier judgment in a complex series of cases, concluding that it precluded the proof of the necessary “case in a case.” The opinion addresses both the elements of collateral estoppel in this context and several policy-based attacks on the use of the doctrine in this setting. No. 05-16-1113-CV (March 22, 2018) (mem. op.)