To challenge a ruling based on Constructive Res Judicata, a lawyer should first review the prior case to assess whether the issue could have been raised and whether the parties are identical. The lawyer can argue that the issue wasn’t essential to the prior case or that it was not raised due to valid reasons, such as oversight or lack of opportunity. Effective arguments include presenting exceptions such as new evidence, changes in circumstances, or shifts in law that justify reopening the matter. The lawyer should file a motion or objection challenging the application of the doctrine, citing relevant case law where Constructive Res Judicata was not applied under similar circumstances. By carefully crafting these legal approaches, the lawyer can strengthen the challenge and potentially prevent the issue from being barred, allowing the case to move forward.
