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February 26, 2013


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Max, we see your dissent and raise you one Cautionary Note.

Progress in this context means a Court that has almost extinctified class actions applied the class action rule in a way that makes attempting to certify a Texas state court case as a class action less of a fool's errand. Just about all of the Court's class action rulings ere now either decertified a class, upheld a refusal to certify, or affirmed a decertification -- all the while giving little guidance on what set of facts and claims WOULD warrant class treatment.

We get your point about the outcome in this case making the rich richer. And yet we prefer not to look this gift horse in the mouth. Let's see how she runs.

Max Kennerly

I dissent from the blog's conclusion this counts as progress. The holding here solely benefits extremely wealthy holders of gas, oil and mineral rights in their efforts to avoid paying a tax. Should the Court be presented with a claim by, say, people whose drinking water was contaminated by the drilling or mining on that same location, I'm sure they would find a way to dismiss it on procedural grounds.

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