A More Pointed Critique of Citizens Insurance Co. v. Deccach
Yesterday's post from Stephen Gardner at the Consumer Law and Policy Blog began like this:
Last [Friday], the Texas Supreme Court drove another nail in the class action coffin. Justifiably, Texas is now considered by most class action lawyers (on both sides of the aisle) to be the state most hostile to class actions. One judge commented to the author, I dont know why anyone would bring a class action in state court in Texas because as far as I can tell, the Texas Supreme Court has abolished class actions—it just hasn't said so. In Citizens Insurance Company of America v. Daccach[], Texas's High Court tightened the class action noose a bit further. . . .
After recounting the recent history of class action jurisprudence in Texas and criticizing what he considers to be inconsistencies in the Court's opinion, Gardner ends the post with this thought:
Since the phrase Judicial Hellholes has been appropriated by defenders of the defense industry, I nominate Texas for a preeminent position in a new list of Dens of Iniquity.
Wow.
