Supreme Court of Texas

Class of music club members who paid defendant allegedly illegal late fees for failing to timely pay for products in accordance with the terms of a membership agreement is decertified where trial court erred in finding that the voluntary-payment rule did not apply to plaintiffs' claims for restitution.

Appellate Information

• Argued 02/18/2004
• Decided 11/18/2005
• Published 11/18/2005

Judges

• Justice O'NEILL delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Lynne Liberato, Patricia L. Casey, Alene Ross Levy, Mark Ryan Trachtenberg, Haynes and Boone, L.L.P., Houston, Steven M. Hayes, and Gregory A. Clarick, Parcher Hayes & Snyder, P.C., New York, NY, for Petitioner.


• For Appellees:
  
• Christopher A. Kesler, and Bruce B. Kemp, Kemp & Kesler, L.L.P., Houston, Timothy W. Ferguson, Ferguson Firm, Beaumont, for Respondent.