When Constructive Res Judicata is invoked in a case, a lawyer must first examine whether the issue in question could have been raised in a prior suit and was not. The lawyer should assess whether the matter falls within the scope of the original case, even if it wasn’t directly addressed, and determine whether the claim is barred by the principle of constructive res judicata. If the issue could have been raised but was omitted, the lawyer may need to argue that the doctrine should not apply due to special circumstances, such as a lack of awareness of the issue at the time or an inability to raise it due to procedural constraints. In some cases, the lawyer might argue that the issue is distinct from the prior suit and should be allowed to be heard. Properly navigating this requires a detailed analysis of the prior litigation, the issues involved, and the relevant legal precedents that may either support or challenge the invocation of constructive res judicata.
