Supreme Court of the United States · Official docket →
Barbara Lindsey v. Max. F. Adler, M.D., P.A., fka Park Cities Dermatology Center, aka Coppell Dermatology Center, et al.
Paid petition · Court of Appeals of Texas, Fifth District, No. 05-20-01081-CV · judgment August 26, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This appeal presents an important and novel question concerning the claim splitting branch of res judicata or claim preclusion. In-this case, Petitioner brought a prior action predicated upon the improper placement of a foreign object in her body, which was dismissed. Subsequently, another foreign object was discovered, which was not related to the prior object. The Texas Courts dismissed the claim under the rule against claim splitting. The following issues are thus raised:
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Does it violate the Due Process Clause to give preclusive effect to judgments rendered in proceedings against a party against who did not have a “full and fair opportunity” to litigate the claim?
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Does it violate the Due Process Clause to bar a plaintiff from bringing an action who did not know or could not reasonably have known of her injuries at the time of the first action? . i . *
Counsel of record
For petitioner
Barbara Lindsey
For respondent
Ty Bailey
Thiebaud Remington Thornton Bailey, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jul 26 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 13 2023Waiver of right of respondents Max F. Adler, M.D., P.A. f/k/a Park Cities Dermatology Center a/k/a Coppell Dermatology; Max F. Adler, M.D.; and Linda L. White to respond filed.
- Jun 13 2023Petition for a writ of certiorari filed. (Response due July 17, 2023)