Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 31, 2017.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Lon Smith & Assocs., Inc. v. Key, No. 02-15-00328-CV (Aug. 3, 2017) (Walker, J., joined by Livingston, C.J., and Meier, J.).

Held:  We affirm that portion of the trial court’s class certification order that certifies for class treatment the Keys’ declaratory-judgment claim and the Keys’ DTPA claim based on section 17.50(a)(4) (Violation of Chapter 541 of the Texas Insurance Code).  Because the unconscionable-act-or-course-of-action element of the DTPA unconscionability claims at issue here “involve highly individualized inquiries that are not appropriate for resolution by a class action,” we hold that the trial court abused its discretion by certifying for class treatment the DTPA claim based on section 17.50(a)(3).  Accordingly, we remand this cause to the trial court: (1) with instructions to decertify the DTPA section 17.50(a)(3) (Unconscionability) claim, and (2) for further class proceedings.