In re ConocoPhillips Co.
405 S.W.3d 93
Tex. App.2012Background
- Relators filed a petition for writ of mandamus in this court challenging two trial court orders.
- The underlying suit is a class action; Bowden v. Phillips Petroleum Co. approved Subclass 2.
- In Feb 2010, appellees amended their petition; relators moved to decertify; trial court denied in Jan 2011.
- In Sep 2011, relators moved for partial summary judgment on implied covenant claims or severance/clarification; trial court denied on Oct 7, 2011.
- On Oct 21, 2011, respondent ordered that Subclass 2 fully satisfies preclusion requirements and that the class as certified meets the needs of the claims.
- Relators contend the amended petition includes claims not within the class approved by the Texas Supreme Court; petition for mandamus and interlocutory appeal were filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus lies to review denial of partial summary judgment | Relators contend the order affects implied covenants and class scope. | Mandamus is inappropriate for denial of partial summary judgment; no final disposition. | Denied |
| Whether mandamus is available to challenge the trial court's class definition and preclusion findings | Amended pleadings include non-class claims; challenge to class bounds. | Class status alone does not warrant mandamus relief; proceedings are ongoing. | Denied |
Key Cases Cited
- Walker v. Packer, 827 S.W.2d 833 (Tex.1992) (mandamus available only for clear abuse of discretion with no adequate appellate remedy)
- In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379 (Tex.2005) (mandamus relief to correct abuse of discretion in limited circumstances)
- In re McAllen Med. Ctr., Inc., 275 S.W.3d 458 (Tex.2008) (summary judgment denial generally not mandamus relief unless extraordinary circumstances)
- In re USAA, 307 S.W.3d 299 (Tex.2010) (extraordinary relief warranted when a prior forum lacked jurisdiction or statute of limitations issues)
- Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304 (Tex.1994) (mandamus review limited to preventing disruption of trial proceedings)
- Bowden v. Phillips Petroleum Co., 247 S.W.3d 690 (Tex.2008) (approval of certification of Subclass 2)