This case, Eagle Oil & Gas Co. v. TRO-X, L.P. (No. 18-0983), came to TCJL’s attention while on motion for rehearing before the Texas Supreme Court. It arose from a 2007 contract dispute that was litigated in a Midland district court before winding its way through the Eastland Court of Appeals and then to SCOTX, which declined review. While TRO-X L.P.’s petition for review was pending, it filed an almost identical second lawsuit in a Dallas trial court, which it immediately abated and did not serve for nearly five months. When SCOTX decided, TRO finally served Eagle with the second lawsuit. The Dallas trial court dismissed the suit under res judicata and awarded Eagle costs and attorney’s fees for the trouble of defending duplicative litigation. The Dallas Court of Appeals reversed, taking a narrow view of res judicata arguably in violation of SCOTX precedent and reinstating the case. Eagle appealed to SCOTX, which initially declined review. TCJL’s brief urges the Court to reconsider and grant review on the basis of the Court of Appeals’ dubious application of res judicata and its violation of fundamental principles of claim preclusion. TCJL also urged the Court to put a stop to litigation that has already gone on for 14 years and send a message that the abuse of process involved in filing the second lawsuit will not be tolerated.

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