Supreme Court of Texas
Citizens Ins. Co. of Am. v. Daccach, 03-0505
On appeal from certification of a worldwide class in an action alleging petitioners sold securities from Texas to nonresidents without complying with the registration requirements of the Texas Securities Act, the class is decertified where the trial court did not consider the effect of res judicata on the adequacy of the class representative, the superiority of litigating the case as a class action, the typicality of claims within the class, and the predominance of common issues over individual issues.
Appellate Information
- Argued 10/21/2004
- Decided 03/02/2007
- Published 03/02/2007
Judges
- Justice WAINWRIGHT delivered the opinion of a unanimous Court as to sections I-III and V-VIII; the opinion of the Court as to sections IV-A, IV-C, and IV-D, joined by Justice HECHT, Justice O'NEILL, Justice GREEN, Justice JOHNSON, and Justice WILLETT; and a concurring opinion as to section IV-B, joined by Justice JOHNSON.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Fred E. Davis, Mark A. Keene, Davis & Davis, P.C., Austin, for Petitioners.
- For Appellees:
- Robert B. Dubose, Alexander Dubose Jones & Townsend LLP, Ronald E. Cook, Robert M. Roach Jr., Cook & Roach L.L.P., Houston, Carlos Velasquez, Montero Finizio & Velasquez, Fort Lauderdale, Tony M. Jobe, Law Offices of Tony Jobe, Madisonville, LA, and Robert J. Malone, Toas, NM, for Respondent.