Jottings By An Employer's Lawyer

Friday, July 09, 2004

Arbitrator Should Decide Class Certification Issues - Texas Supreme Court

Following the guide of the United States Supreme Court, today the Texas Supreme Court holds that where all disputes arising out of an agreement are committed to the arbitrator, so is the issue of class certification. In Re Martha Wood, et al (Tx S. Ct. 7/9/04). The underlying dispute is not an employment one, but arises out of a fee agreement between Houston lawyer John O'Quinn and some of the clients he represented in a $2 billion breast implant settlement who objected to a 1.5% charge from their settlement for 'common expenses.' (Yes Virginia, that is billion with a B.) My earlier comment on Green Tree v. Bazzle, which the Texas Supreme Court holds applicable, can be found here.

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