Henry Schein, Inc., Easy Dental Systems, Inc., and Dentisoft, Inc., Petitioners v. Shelly E. Stromboe, D.d.s., Alan…

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that the trial court erred in certifying a nationwide class because the plaintiffs failed to demonstrate that common issues predominated over individual issues and that a class action was superior under Rule 42(b)(4), and that the plaintiffs' concession on appeal does not trigger Rule 42(e). The Court also concluded that the appellate decision does not conflict with Southwestern Refining Co. v. Bernal, so the Court has jurisdiction to decide the matter. Justice O’Neill dissented, arguing that the Court lacks jurisdiction to reach the merits of the certification order.