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Affirmative Defenses Collateral Estoppel

Freeman Law

Texas Courts and The Doctrine of Res Judicata

Freeman Law on

Texas Courts and The Doctrine of Res Judicata The doctrine of res judicata, or claim preclusion, bars a second action by parties and those in privity with them on matters actually litigated in a previous suit, as well as...more

Freeman Law

Collateral Estoppel in Texas

Freeman Law on

Collateral estoppel, also known as issue preclusion, bars the relitigation of  identical issues of fact or law decided in a prior suit.  It applies when the party against whom it is asserted had a full and fair opportunity to...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Seyfarth Shaw LLP

Where’s the Beef Part II: Court Refuses To “Butcher” EEOC’s Religious Discrimination Claim

Seyfarth Shaw LLP on

Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more

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