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Assignees of Best Buy v. Combs

The trial court granted the Comptroller's plea to the jurisdiction, asserting that the assignees did not properly exhaust their administrative remedies because settlement-class counsel lacked authority to file a refund claim on behalf of the individual settlement-class members. Texas Rule of Civil Procedure 42 does not impliedly empower trial courts to establish an individual attorney-client relationship between class counsel and absent class members to allow class counsel to pursue individuals' claims in separate, non-class proceedings. The trial court's judgment is affirmed. Austin Court of Appeals, No. 03-10-00648-CV, 07-20-2012.

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OPINION

This appeal of the trial court’s order granting the appellees’ plea to the jurisdiction arises from the Assignees’ settlement of two other lawsuits, which were filed as class actions. In those lawsuits (the “Retailer Suits”), the named plaintiffs sought a refund of Texas sales taxes that they and the putative-class members allegedly overpaid on items purchased from certain Best Buy, Office Max, and/or Comp USA stores (collectively, the “Retailers”) under mail-in rebate promotions. The named plaintiffs in the Retailer Suits contended that the Retailers had failed to refund sales tax to them on the rebated amounts. The Retailers and the putative classes tentatively settled the cases by agreeing that the Retailers would assign their refund claims to the putative-class members to allow the individual class members to pursue their assigned refund claims from the Comptroller.*fn2

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