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Harris County Hospital District v. Public Utility Commission of Texas, et al.

Paid petition · Court of Appeals of Texas, Third District, No. 03-17-00811-CV · judgment May 3, 2019


Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Since Matsushita Elec. Industrial Co. v. Epstein, 516 U.S. 367 (1996), federal circuits, and state courts, have been split on the scope of a collateral review of class action judgments. The question presented is: Whether, or in what circumstances, the scope of the collateral review of an alleged absent class member’s collateral attack on a class action judgment, comports with the Due Process Clause. Whether, or in what circumstances, a cy pres award of class action proceeds, which provides no direct benefit or relief to class members, comports with the Due Process Clause. Whether, or in what circumstances, a “fail-safe” definition for a settlement class, which is conditioned on the paramount liability question, comports with the Due Process Clause.

Counsel of record

For petitioner
Thomas Roy Bray

For respondent
Judd Edward Stone II
Texas Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 14 2021
    Blanket Consent filed by Respondent, Southwestern Bell Telephone Company d/b/a AT&T Texas
  4. Jun 14 2021
    Waiver of right of respondent Public Utility Commission of Texas to respond filed.
  5. Jun 14 2021
    Waiver of right of respondent Southwestern Bell Telephone Company d/b/a AT&T Texas to respond filed.
  6. Jun 12 2021
    Blanket Consent filed by Petitioner, Harris County Hospital District
  7. Jun 08 2021
    Petition for a writ of certiorari filed. (Response due July 12, 2021)