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Comer v. Murphy Oil USA

United States Court of Appeals for the Fifth Circuit · Constitutional Law

Constitutional LawRes judicataStandingPolitical question doctrineFinality of judgmentsres judicataclaim preclusionfinal judgment

Facts

Mississippi Gulf Coast residents and property owners alleged that emissions by energy companies caused global warming, which increased Hurricane Katrina's destructive capacity and damaged their property. In the 2005 action, they asserted nuisance, trespass, negligence, and other claims, but the district court dismissed with prejudice for lack of standing and under the political question doctrine. A Fifth Circuit panel partially reversed, but before mandate issued the court granted rehearing en banc, which vacated the panel opinion and stayed the mandate. When an additional recusal left the en banc court without quorum, the appeal was dismissed and the district court judgment was never reversed or modified; plaintiffs then filed a new 2011 complaint asserting nuisance, trespass, and negligence claims arising from the same events.

Issue

Whether the district court's judgment in the 2005 action barred the 2011 action under res judicata, despite the intervening panel reversal, vacatur of that panel opinion upon rehearing en banc, and dismissal of the appeal for lack of quorum. More specifically, whether the earlier judgment was final and on the merits for preclusion purposes.

Rule

True res judicata applies when (1) the parties are identical or in privity, (2) the prior judgment was rendered by a court of competent jurisdiction, (3) the prior action concluded in a final judgment on the merits, and (4) the same claim or cause of action is involved in both actions. A district court judgment is res judicata unless and until reversed or modified on appeal; if a panel decision is vacated before mandate issues, the original district court judgment remains in effect. Although a dismissal for lack of jurisdiction is not an adjudication on the substantive merits, res judicata applies to jurisdictional determinations, so a second complaint cannot obtain a second consideration of the same jurisdictional claims.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In federal court in Houston, Lena Ortiz sued Harbor Delta Chemicals, alleging emissions from its plants worsened a storm that damaged her property in Galveston. The district court dismissed with prejudice for lack of standing, and Lena immediately appealed; while that appeal was still pending and had not yet been decided, she filed a second federal suit in the same district asserting the same negligence and nuisance theories against the same company.

Is the second suit most likely barred by res judicata?

Explanation. The majority rule is that a case pending appeal is still res judicata unless and until reversed on appeal. The first judgment remains operative while the appeal is unresolved. Although a dismissal for lack of standing is not a merits adjudication of the substantive tort claims, it is preclusive as to the same jurisdictional determination, so Lena cannot obtain a second consideration of the same standing issue by refiling the same case.