Complex Litigation: The Texas Touchdown

Vol. 26 Nat'l L.J. 13 (May 24, 2004)

U of Texas Law, Public Law Research Paper No. 465

4 Pages Posted: 14 Jun 2013

Date Written: May 2004


This paper is a commentary and analysis of the Texas Supreme Court decision in Compaq Computer Corp. v. Lapray, a class action dealing with alleged defective floppy disk controllers. The class consisted of approximately 1.8 million computer purchasers of 37 different Compaq models. The Court of Appeals affirmed the trial court’s certification of a Texas (b)(2) declaratory judgment action and a (b)(3) damage class, even though the trial court had deferred making any choice of law decision concerning what law would apply to the claims in this nationwide action. Relying extensively on federal class action jurisprudence, the Texas Supreme Court reversed, holding that the trial court had abused its discretion in certifying a (b)(3) class because both the trial (and appellate) court failed to conduct a proper choice-of-law analysis. Consequently, the class could not satisfy the (b)(3) predominance requirement. Conducting its own choice of law analysis de novo, the Texas Supreme Court determined that the differences in state law relating to an express warranty claim defeated class certification. In addition, the Texas Supreme Court held that in certifying the (b)(2) class, the trial court had failed to analyze the cohesiveness of the proposed class rigorously, and did not consider notice and opt-out rights. Consequently, the Court reversed the (b)(2) certification. This article surveys the Texas Supreme Court’s analysis of the class certification issues in this massive nationwide class action, and discusses whether the decision will gain traction as a precedential case in Texas.

Keywords: Compaq Computer v. LaPray, class action litigation, Rule 23(b)(2), Rule 23(b)(3), choice of law, no opt-out, notice in class actions, Texas class actions

Suggested Citation

Mullenix, Linda S., Complex Litigation: The Texas Touchdown (May 2004). Vol. 26 Nat'l L.J. 13 (May 24, 2004); U of Texas Law, Public Law Research Paper No. 465. Available at SSRN:

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

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