Another Class Action Dismantled by Texas Supreme Court

CERTIFIED CLASS IN ACTION SEEKING REMEDY FOR OVERCHARGES FOR TELEPHONE SERVICE UNDONE

SWBT Co. v. Marketing on Hold, Inc,. No. 05-0748 (Tex. Feb. 19, 2010)(Majority opinion by Wainwright) (class action, class decertified in interlocutory appeal, standing)
[B]ecause the putative class representative failed to establish that it adequately represents the class, we reverse the judgment of the court of appeals and decertify the class.
SOUTHWESTERN BELL TELEPHONE COMPANY v. MARKETING ON HOLD, INC. D/B/A SOUTHWEST TARIFF ANALYST; from Cameron County; 13th district (13-03-00287-CV, 170 SW3d 814, 08-04-05) emergency motion for expedited decision dismissed as moot
motion to dismiss denied
motion for damages and sanctions denied
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Harriet O'Neill delivered a dissenting opinion in SW Bell Telephone Co. v. Marketing on Hold (Tex. 2010) in which Chief Justice Jefferson and Justice Medina joined.
Considering the absence of any realistic potential for conflict or antagonism between STA and the class, together with STA’s demonstrated superior expertise in the subject matter of the litigation, I would hold that STA has satisfied the adequacy requirement and affirm certification of the class. Because the Court concludes otherwise, I respectfully dissent.
(Justice Guzman not sitting)

OTHER OPINIONS RELEASED TODAY:

City of Waco v. Kelley, No. 07-0485 (Tex. Feb. 19, 2010)(Johnson)(municipal civil service disciplinary proceeding, judicial review of hearing examiner's decision, jurisdiction issue)
CITY OF WACO, TEXAS v. LARRY KELLEY; from McLennan County;
10th district (10-03-00214-CV, 226 SW3d 672, 05-02-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court
Justice Phil Johnson delivered the opinion of the Court.

City of Dallas v. Abbott, AG, No. 07-0931 (Tex. Feb. 19, 2010)(Majority opinion by O'Neill) (Public Information Act (PIA)) (exceptions from mandatory disclosure)
CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County;
7th district (07-06-00161-CV, 279 SW3d 806, 08-13-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Medina, Justice Green, and Justice Guzman joined.
Justice Dale Wainwright delivered a dissenting opinion in City of Dallas v. Abbott,
in which Justice Johnson joined.
(Justice Willett not sitting)

SUPREMES TELL 8o-year OLD FRAIL LADY TO GO LITIGATE ELSEWHERE
In re ADM Investor Services, Inc., No. 08-0570 (Tex. Feb. 19, 2010)(Opinion by Green) (forum selection clause enforced by mandamus) (poor health of elderly plaintiff rejected as reason for keeping case in Texas)
IN RE ADM INVESTOR SERVICES, INC.; from Rains County;
12th district (12-08-00125-CV, 257 SW3d 817, 06-30-08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court.
Justice Don R. Willett delivered a concurring opinion in In re ADM Investor Services, Inc.

Opinions Handed Down February 12, 2010

Galveston I.S.D. vs. Jaco, No. 09-0195 (Tex. Feb. 12, 2010)(per curiam)
(WBA case remanded to the court of appeals to determine whether plaintiff has alleged a violation under the Texas Whistleblower Act under the court's new holding in State v. Lueck, in which the Court elevated the sufficiency of the facts pleaded in support of each element of the claim to a jurisdictional matter)
GALVESTON INDEPENDENT SCHOOL DISTRICT v. BRENT JACO; from Galveston County;
14th district (14-08-00271-CV, 278 SW3d 477, 01-20-09)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion
(Justice Guzman not sitting) [she wrote the opinion in the court of appeals below]

In the Matter of R.D., No. 09-0343 (Tex. Feb. 12, 2010)(per curiam)(juvenile delinquency proceedings, error preservation for appellate review by means of motion for new trial)
The Texas Supreme Court concludes that [the juvenile's] general challenge to the sufficiency of the evidence to support the jury's delinquency finding met Rule 324's requirement for preserving his challenge to the jury's rejection of his affirmative defense.
IN THE MATTER OF R.D., A JUVENILE; from Bexar County; 8th district (08-07-00100-CV, ___ SW3d ___, 03-12-09)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion

ORDERS ON PETITIONS FOR REVIEW: THE FOLLOWING PETITION FOR REVIEW IS ABATED:
Gallagher Headquarters Ranch Development, Ltd., No. 08-0773 (Tex. Feb. 12, 2010)(per curiam)(petition abated, findings of fact requested from trial court, scope of release pursuant to settlement at issue)
GALLAGHER HEADQUARTERS RANCH DEVELOPMENT, LTD., CHRIS HILL AND JULIE HOOPER v. CITY OF SAN ANTONIO AND CITY PUBLIC SERVICE; from Bexar County; 4th district (04-07-00325-CV, 269 SW3d 628, 07-23-08) abatement order issued
The petition is abated and remanded to the trial court for findings of fact. The trial court shall submit its findings to this Court no later than May 3, 2010. The parties may, within thirty days after the trial court's findings are submitted, provide a supplementary brief to this Court.
Per Curiam Opinion (Justice Hecht not sitting)