Blog Post
Jan 15, 2014
No Trash Talking: Texas Court Of Appeals Overturns Certification Of Privacy Claims Brought By Dumpster-Diving Class Representative
Containing a local business dispute that had, at least temporarily, been blown into a nationwide class action, the First District Court of the Texas Court of Appeals in Houston recently overturned a trial court’s certification of claims brought on behalf of a class of persons whose personal information may (or may not) have been obtained from the trash – the case of Bliss & Glennon Inc. v. Ashley and Ashley General Agency, LLC, No. 01-12-01177-CV, 2014 WL 47758 (Tex. App. — Houston 1st Dist. Jan. 7, 2014). In its ruling, the Court of Appeals confirmed that, because Texas Rule of Civil Procedure 42 was “patterned after Federal Rule of Civil Procedure 23, federal decisions and authorities interpreting current federal class action requirements are instructive,” including Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). Id. at *10. The ruling is instructive for all employers – and businesses – facing class litigation in Texas.