This is the second of two suits by the Southwest Airlines Pilots Association against Boeing over the 737 MAX and the union's 2016 collective bargaining agreement; the first is No. 22-0631. Its five claims repeat those dismissed in the first suit, but SWAPA sues as assignee of 8,794 of its member pilots.¹

Boeing moved to dismiss under Rule 91a on res judicata, attaching SWAPA's first petition to its answer; the trial court dismissed. The Fifth Court of Appeals reversed and remanded, holding res judicata could not be decided on materials outside the petition. Boeing petitioned February 22, 2023; the Court denied review May 31, 2024, withdrew that denial and reinstated the petition January 10, 2025 on rehearing, and on June 20, 2025 denied the petition, noting in No. 22-0631 that it denied review of that judgment.¹

Petition for review from the Fifth Court of Appeals; denied June 20, 2025 without opinion (Docket).

Whether a court may consider an uncontested public judicial record attached to the answer in deciding a Rule 91a motion on res judicata, and whether SWAPA waived or invited any error.¹

Boeing (Petitioner): Rule 91a.6 and Rule 59 permit consideration of records that are part of the matter set up in defense, and SWAPA invited the court to compare the petitions.

SWAPA (Respondent): Rule 91a bars extrinsic evidence, and res judicata does not apply because the first dismissal rested on lack of jurisdiction.¹

Not applicable; the case ended on a motion.

None noted