Texas all but outlaws class actions

Class actions play an important role, particularly in consumer litigation. While one-at-a-time litigation works well in many cases, some legal issues–the tobacco lawsuits are a good example–cannot be effectively litigated piecemeal. Unfortunately, according to Brian Wolfman at Cosumer Law & Policy, the Texas Supreme Court is doing its best to bury class actions entirely. Wolfman reviews the Daccach decision, which came down just a few days ago.

In Daccach, the Texas Supreme Court decided that claims that cannot be asserted as a class member are precluded anyway for individuals who elect to join the class. In other words, a class member may have to choose between joining the class–and losing other claims–and bringing a private lawsuit, which may by prohibitively expensive or inadvisable for other reasons.