Class Action Appeals in the Texas Supreme Court
SWBT Co. v. Marketing on Hold, Inc,. No. 05-0748 (Tex. Feb. 19, 2010)(Majority opinion by Wainwright)
(class action undone, class de-certified in interlocutory appeal, standing)
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. Markeing on Hold (Tex. 2010)
in which Chief Justice Jefferson and Justice Medina joined. (Justice Guzman not sitting)
ANOTHER CLASS-ACTION UNDONE BY THE TEXAS SUPREME COURT
Exxon Mobil Corp. v. Gill, No. 07-0404 (Tex. Nov. 20, 2009)(per curiam)(class action suits)(trial court’s class
certification order in suit brought by gas station dealers over pricing and rebates is vacated and the case is
remanded to that court for further proceedings)
EXXON MOBIL CORPORATION v. DAN GILL, ET AL.; from Nueces County;
13th district (13 06 00048 CV, ___ SW3d ___, 04 12 07)
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 the trial court.
(Justice O'Neill and Justice Guzman not sitting)
Bowden v. Phillips Petroleum Co., No. 03-0824 (Tex. Feb. 15, 2008)(Justice Wainwright)
(class action de-certification, royalty owners, interlocutory appeal)
KATHRYN AYLOR BOWDEN, BEULAH POORMAN VICK, OMER F. POORMAN, MONTE CLUCK, ROYCE
YARBROUGH, AND BENNY TED POWELL v. PHILLIPS PETROLEUM COMPANY, GPM GAS CORPORATION,
PHILLIPS GAS MARKETING COMPANY, PHILLIPS GAS COMPANY, AND GPM GAS TRADING COMPANY; from
Fort Bend County; 14th district (14-02-00634-CV, 108 S.W.3d 385, 05/01/03)
The Court reverses in part and affirms in part the court of appeals' judgment and remands the case to the trial
Justice Wainwright delivered the opinion of the Court.
(Justice Brister not sitting)
Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)
(consumer law, product liability, class action dismissed on standing grounds, jurisdictional dismissal, DWOJ)
DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th district
(13-02-00415-CV, 121 S.W.3d 862, 11/20/03)
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice
Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Medina, and
Justice Willett joined.
Chief Justice Wallace Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice
Paul Green, and Justice Phil Johnson joined.
Best Buy Co. v. Barrera, No. 07-0028, 248 SW3d 160 (Tex. Nov. 30, 2007)(per curiam)(consumer law, class de-
COURT OF APPEALS CASES IN WHICH TEXAS SUPREME COURT DENIED
07-0735 TEXAS PARKS AND WILDLIFE DEPARTMENT v. MILBURN DEARING, KENNETH HEAD, AND MIKE
WARREN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Travis County; 3rd
district (03-05-00499-CV, 240 SW3d 330, 08-03-07, pet. denied June 2008) [Separate opinion in 03-05-00499-
CV] (class action, interlocutory appeal, public employment, age discrimination, reclassification of position)
This is an interlocutory appeal from the re-certification of a class action following this Court's reversal and
remand of the original certification order. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West 1997 &
Supp. 2006). Appellees Milburn Dearing, Kenneth Head, and Mike Warren, individually and on behalf of others
similarly situated (collectively, Dearing), sued their employer, the Texas Parks & Wildlife Department, alleging a
disparate-impact theory of age discrimination under chapter 21 of the Texas Labor Code in regard to the
Department's reclassification of their game-warden positions. See Texas Parks & Wildlife Dep't v. Dearing, 150
S.W.3d 452, 466 (Tex. App.--Austin 2004, pet. denied) (Dearing I), cert. denied, 544 U.S. 960 (2005); see also
Tex. Lab. Code Ann. § 21.051 (West 2006). The plaintiffs sought certification of a class of approximately 130
fellow game wardens whom they claim were similarly situated. Eighty-eight of the putative class members have
since intervened as plaintiffs. The district court denied a plea to the jurisdiction and summary-judgment motions
asserted by the Department and certified the class.