Citizens Ins. Co. v. Daccach
In Citizens Ins. Co. v. Daccach, 217 S.W.3d 430 (Tex. 2007), a class representative argued res judicata should not apply to claims he abandoned because they were procedurally barred from litigation in the class action and thus could not be "litigated through diligence" in that action. Id. at 451.
The supreme court, however, refused to create such an exception to the general principles of res judicata. Id. at 455.