109 Intratex Gas Co. v. Beeson

Richard F. Brown

 
The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.
 
Intratex Gas Co. v. Beeson, 22 S.W.3d 398 (Tex. 2000), refuses to accept the trial court’s certification of a class in a case involving ratable takes under the Common Purchaser Act and Railroad Commission regulations from more than 900 wells. The trial court defined the plaintiff class as consisting of producers of natural gas whose gas was taken by Intratex between 1978 and 1988 in less than ratable proportions. The court found that class members must be presently ascertainable by reference to objective criteria, the definition cannot require a determination of the merits, and that a class definition which rests on the ultimate liability question cannot be objective, nor can the class members be presently ascertained. The court refused to redefine the class on appeal and remanded to the trial court.