Insurance Dispute Lawyer Blog
In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving spousal abuse.
In Hoddinott v. Hoddinott, the plaintiff (wife) filed a tort lawsuit against her ex-husband seeking damages for intentional infliction of emotional distress stemming from alleged domestic abuse during their marriage. The defendant (husband) argued that the wife’s claims were barred by res judicata, as they should have been raised during the divorce proceedings. The trial court initially agreed and dismissed the wife’s lawsuit. However, the Court of Appeal reversed this decision.
The Court of Appeal focused on two key points: