Legal: Texas Supreme Court Guts Consumer Class Action Protections
https://www.hg.org/legal-articles/texas-supreme-court-guts-consumer-class-action-protections-22677
(HERE'S THE ISSUE)
Procedure 42 specifically authorizes Texas citizens to bring class action lawsuits.
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A case cannot be pursued as a class action, however, until a Texas trial court determines and certifies that the requirements of Rule 42 have been met.
The Texas Supreme Court, through a series of decisions beginning in 2000, has created so many obstacles to certification that it has become practically impossible to have a class action in a state court. The Texas Supreme Court has restrictively interpreted Rule 42 so as to effectively eliminate class actions in Texas courts.
Rule 42 was intended to be used when a group of people have suffered similar harm from similar actions of a particular defendant.
The one or more individuals that bring the lawsuit are called “class representatives” and represent the interests of the entire class harmed by the defendant’s conduct.
The claims of the class representatives arise from facts or law common to all class members.
If a class action settles, a judge must approve the amount of the settlement and the compensation paid to the lawyers.
If a class action lawsuit results in a favorable jury verdict after trial, the class members will split the damages awarded by the jury among themselves.
Class action lawsuits have many advantages over individual lawsuits when many have been similarly harmed. In fact, the U.S. Congress has stated:
“Class action lawsuits are an important and valuable part of the legal system...
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