Res judicata does not bar Plaintiff’s claims as Plaintiff’s claims arose after the previous lawsuit was filed and the conduct is ongoing.
Judge Marra's analysis of the res judicata effect of the Consent Judgment using traditional principles shows that method is inappropriate.
Res judicata bars causes of action or defenses which arise out of the same subject matter as the initial suit.
A homeowner sued to prevent foreclosure on his home, arguing that the relevant statute of limitations had expired under Texas law. The...
If you are defending a foreclosure action and have the case dismissed, there is no bar to the bank continuing legal action...
The circuit court properly granted the borrowers’ section 2-619 motion to dismiss this state court action based on res judicata arising from...
Superior Consulting, Anthony Welch, the Woodsons and now a woman named Jourdain files in Harris County District Court over same home.
A 3-Panel consisting of familiar Judges Charles Wilson, Kevin Newsom and R Lanier Anderson defies logic and the law in this perverted...
What is interesting about this case is BDF Hopkins lack of vitriol in their cross-complaint against these 8 year defaulting homeowners.
PHH is authorized to bring this litigation as the Insured and/or the Servicer, on behalf of the owners and/or investors, under the...
Ocwens' Consent Judgment had two sets of obligations: complying with federal and state law, and complying with the fencing-in provisions.
Even under a traditional res judicata approach, Marra appropriately considered the terms of the Consent Judgment. CFPB’s claims are barred.
The Question; What's Laws In Texas's first amendment rights to an out of State - State Bar twitter profile blocking another user...
A familiar panel from the Article we wrote about earlier, the case of Powe v. Deutsche Bank, this one worded ORDER caught...
Res judicata, bars the litigation of claims that either have been litigated or should have been raised in an earlier suit.
In this foreclosure appeal, the court sua sponte includes arguments of res judicata not brought up at the lower court and returns...
Judge Kenneth A. Marra's Void Order Granting Ocwen’s Motion for Summary Judgment on 9 out of 10 Claims on the basis of...
During his first 3-year bankruptcy to stop foreclosure, pro se George Wigington transitioned into becoming a Texas lawyer.