filing_sections: 174
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 174 | 23 | A. Res judicata does not apply | Argues res judicata does not apply because facts changed when Pohl sued Kassab, enabling Section 16.069 revival. Cites Marino v. State Farm (res judicata does not apply to subsequently acquired rights or changed material facts) and Lubbock v. Stubbs (estoppel by judgment extends only to facts as they existed at time of judgment). Section 16.069 was not an available defense in the prior litigation. Also notes logical inconsistency: if Pohl says barratry claims are from different transactions than his claims, then res judicata (which requires same transaction) cannot apply. Cites Barr v. Resolution Trust Corp. |