COURT OF APPEALS NO. 01-99-00380-CV
_________________________
IN THE SUPREME COURT OF TEXAS
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American Home Shield of Texas, Inc., American Home Shield Corp.,
ServiceMaster Consumer Services, L.P., The ServiceMaster Company
ServiceMaster, L.P., ServiceMaster Management Corporation, and
The ServiceMaster Company, L.P.,
Petitioners ,
v.
Tanja Kortz, Brian Carmichael, and Penny Carmichael,
Individually and on behalf of all others similarly situated,
Respondents.
_________________________
BRIEF OF AMICUS CURIAE
TEXAS ASSOCIATION OF BUSINESS AND CHAMBERS OF COMMERCE
AND THE CHAMBER OF COMMERCE OF THE UNITED STATES
IN SUPPORT OF PETITION FOR REVIEW
_________________________
William T. Simmons Stephen A. Bokat
State Bar No. 18377575 National Chamber Litigation Center,
P. O. Box 84 1615 H Street, N.W.
Round Rock, Texas 78680 Washington, D.C. 20062
(512)
388-4529
(202)
463-5337
(512) 388-4533 (fax) (202) 463-5346 (fax)
On behalf of the Texas Association of On behalf of the Chamber of Commerce
Business & Chambers of Commerce of the United States
Draft: April 16, 2001
IDENTITY OF PARTIES AND COUNSEL
Petitioner/Defendants
Parties: Counsel:
American Home Shield of Texas, Inc. David J. Beck
American Home Shield Corporation Beck, Redden & Secrest, L.L.P.
ServiceMaster Consumer Services, L.P.
The ServiceMaster Company Martin R. Boles
ServiceMaster, L.P. Robert R. Gasaway
SNIPPETS:
IN THE SUPREME COURT OF TEXAS
TEXAS ASSOCIATION OF BUSINESS AND CHAMBERS OF COMMERCE AND THE CHAMBER OF COMMERCE OF THE
ServiceMaster Consumer Services, L.P.
IDENTITY OF ENTITIES ON WHOSE BEHALF AMICUS BRIEF IS TENDERED AND SOURCE OF ANY FEE PAID FOR
Court's Progress Limiting Abusive Class Actions By
Approving Class Certification on the Basis of a Faulty
Employees, and Customers
Measure of Damages Is Misplaced
The Texas Association of Business and Chambers of Commerce (TABCC),
participated in this litigation before the First Court of Appeals in Houston.
The increasing use and abuse class certifications to coerce defendants into unjustified
Although the First Court of Appeals correctly applied the Texas Legislature's
measure of damages in mistakenly holding that plaintiffs had alleged the actual,
agreements including almost all Texas insurance contracts.
"benefit of the bargain" damages under Texas law.
In discussing the testimony presented before the Advisory Committee on Civil Rules on
element of a DTPA claim -- actual damages -- it is essential that the appellate court's
Home warranties, like insurance contracts, provide coverage for future contingent
an insurer or contingent service provider if any customer's claim was wrongfully denied.
See Kortz et al. v. American Home Shield et al., 2001 WL 220245 at *2 (Tex.
for each class member would require lengthy,
representations were made to each class member, the "value" of most representations will
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