Res Judicata and 4 Requirements that Must be Demonstrated

in Standard of Review, Trial Perspectives

A recent case discusses the doctrine of res judicata after the trial court dismissed the plaintiff’s complaint with prejudice based on this doctrine. “The doctrine of res judicata provides that a judgment on the merits in an earlier suit bars a later suit on the same cause of action between the same parties or others in privity with those parties.” Res judicata bars a subsequent lawsuit when the following identities exist in both the original lawsuit and the subsequent lawsuit: “(1) identity of the thing being sued for; (2) identity of the cause of action; (3) identity of the parties; and...

10 August

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Supplemental Property Insurance Claim

Posted by David Adelstein

in Trial Perspectives

In a recent property insurance dispute, Chavez v. Tower Hill Insurance Company, 44 Fla. L. Weekly D2019b (Fla. 3d DCA 2019), an insured previously sued his property insurer and lost. The insured then filed a new suit against his property insurer for the same damages. The trial court, affirmed by the appellate court, held that res judicata applied to bar the insured’s new lawsuit against the insurer. The insured tried to argue that res judicata should not apply because the new lawsuit was predicated on a supplemental claim, as there is law that res judicata does not apply if the...

28 May

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General Understanding of Collateral Estoppel and Res Judicata

Posted by David Adelstein

in Appeal, Standard of Review, Trial Perspectives

There are two similarly related legal doctrines known as collateral estoppel and res judicata. The doctrines are designed to prevent a party from re-litigating either a prior issue (collateral estoppel) or claim (res judicata). These doctrines are generally discussed below regarding the elements (in the case of collateral estoppel) or the identities (in the case of res judicata) required to support their application. Keep in mind that these are nuanced legal doctrines and a party should consult with counsel to determine the application of these doctrines which are typically raised as an affirmative defense in a lawsuit. Collateral Estoppel =...