293 So.3d 1132
La. Ct. App.2019Background
- In May 2013, twenty landowners sued Texas Brine alleging sinkhole damage from salt mining.
- Texas Brine filed incidental demands against various oil-and-gas companies (Reliance Petroleum, Browning Oil, LORCA, Colorado Crude, Sol Kirschner).
- In earlier "Pipeline" cases, the trial court granted summary judgment/involuntary dismissal in favor of the oil-and-gas parties; several rulings were affirmed on appeal.
- Texas Brine filed nearly identical incidental demands in the present matter; the oil-and-gas parties raised peremptory exceptions of res judicata and collateral estoppel.
- The trial court sustained those exceptions on July 16, 2018, dismissing Texas Brine's third-party demands with prejudice; Texas Brine appealed and moved to stay the appeal.
- The court of appeal declined to consider a prematurity argument not raised below, denied the stay, and affirmed the res judicata/collateral estoppel dismissal; costs assessed to Texas Brine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res judicata / collateral estoppel — whether prior rulings bar Texas Brine's incidental demands | Prior Pipeline judgments might be reversed on appeal, so res judicata here would be erroneous | Prior final judgments are valid, conclusive, and bar identical causes of action | Affirmed: statutory res judicata elements met; dismissal with prejudice proper; final judgments are conclusive except on direct review |
| Premature dismissal — whether dismissal was premature given other pending appeals | Dismissal was premature because reversals in other appeals could affect res judicata | Issue was not raised below; Court of Appeal reviews only issues submitted to the trial court | Court declined to consider prematurity on appeal under URCA Rule 1-3 |
| Motion to stay appeal | Stay needed pending possible reversal of Pipeline judgments | No valid reason to delay this appeal | Motion to stay denied |
Key Cases Cited
- Burguieres v. Pollingue, 843 So. 2d 1049 (La. 2003) (defines same transaction/occurrence test and elements for res judicata)
- Tolis v. Bd. of Supervisors of Louisiana State Univ., 660 So. 2d 1206 (La. 1995) (final judgment is conclusive when rendered though subject to modification on direct review)
- Henkelmann v. Whiskey Island Preserve, LLC, 145 So. 3d 465 (La. App. 1st Cir. 2014) (La. R.S. 13:4231 embraces claim and issue preclusion)