Texas Supreme Court

Southwestern Refining Company, Inc., Kerr-McGee Corporation, and Sherwood Breaux, Petitioners v. Julia Bernal, Et…

May 11, 200043 Tex. Sup. Ct. J. 706

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the class certification was an abuse of discretion because common issues did not predominate, and that the Court has conflicts jurisdiction over the interlocutory appeal. The Court remanded for further proceedings consistent with its opinion, and a concurrence agreed on jurisdiction while emphasizing Iley’s prohibition on multiple juries, whereas a dissent argued the Court lacked jurisdiction.