In re Travelers Lloyds of Texas Insurance Company

Case Updates

The Texas Supreme Court denied a petition to rehear, on a petition for writ of mandamus, a decision in this putative class action case raising the question whether a putative class action must be dismissed when the named plaintiff has obtained all the relief he requests.

In the coalition brief, the Chamber asked the Texas Supreme Court to grant mandamus review and address the effect of a mooted named plaintiff on a putative class action and collective action claims. The Chamber argued that by refusing to dismiss Guerra’s (the plaintiff) putative class action, the trial court violated Travelers’ due process rights. The brief asserted that the practical consequences of allowing a plaintiff with moot claims to proceed with class action litigation are severe. Class action plaintiffs often seek extensive and costly discovery even before a class is certified which, in many cases, would dissuade defendants from preparing a defense.

The Chamber filed the brief jointly with the American Insurance Association.

Peder K. Batalden and Scott P. Dixler of Horvitz & Levy LLP and Wade C. Crosnoe of Thompson Coe Cousins & Irons, LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.