Johnston Tobey Baruch wins key ruling from El Paso appeals court in cross-border res judicata dispute

The 8th Court of Appeals in El Paso has sided with Johnston Tobey Baruch and its client in a civil case involving the interplay of Mexican and Texas preclusion law.

The dispute stemmed from a failed land deal in Mexico that led to a judgment there, followed by a related lawsuit in Texas. On appeal, the key issue was whether the Texas court had to apply Mexico’s rules on res judicata, a term used to describe a case that has been concluded and cannot be appealed, or could instead use Texas law to decide if the Mexican judgment blocked the Texas case. The 8^th Court ruled that the Texas trial court acted correctly in dismissing the case under Texas res judicata law, affirming the lower court’s decision.

Read the full decision here.

“This win reinforces that invoking a foreign judgment is not a guarantee that the foreign nation’s preclusion law will be given ironclad preclusive effect in subsequent U.S. litigation,” said Johnston Tobey Baruch managing shareholder Chad Baruch. “Texas courts can — and should — evaluate whether Texas preclusion principles apply. We are happy that the court accepted our position, which offers clarity to parties involved in cross-border disputes.”

This ruling provides important guidance for cross-border litigants and multinational disputes involving questions of finality, comity and enforcement of foreign judgments. Looking ahead, it could shape how Texas courts handle judgments from Mexico and other civil-law jurisdictions in future cases.

An award-winning appellate attorney known for his iconic “hip hop brief,” Mr. Baruch secured another appellate victory earlier this year, when the Fort Worth Court of Appeals overturned a trial court’s order allowing the City of Westworth Village to condemn private property for development of a golf facility and driving range.

The ruling reaffirmed that governments cannot automatically rely on courts to accept their claims of public use when seizing private property, marking a pivotal moment in Texas eminent domain law.

About Johnston Tobey Baruch

Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration, and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud, and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation, and fiduciary litigation, as well as civil, family, and criminal appeals for many prominent Texas companies and individuals. More information at https://www.johnstontobey.com/

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“This win reinforces that invoking a foreign judgment is not a guarantee that the foreign nation’s preclusion law will be given ironclad preclusive effect in subsequent U.S. litigation,” said Johnston Tobey Baruch managing shareholder Chad Baruch.