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BEST BUY CO. v. BARRERA

No. 07-0028.

248 S.W.3d 160 (2007)

BEST BUY CO., and Best Buy Stores, L.P., Petitioners, v. Velma V. BARRERA, Individually and on Behalf of Others Similarly Situated, Respondent.

Supreme Court of Texas.

November 30, 2007.

Attorney(s) appearing for the Case

Anne M. Lockner, Robins, Kaplan, Miller & Ciresi LLP, Minneapolis, MN, Ben A. Donnell, Clay E. Coalson, Donnell, Abernethy & Kieschnick, Corpus Christi, TX, for Petitioners.

Austin P. Tighe Jr., Vic Feazell, James Francis Twombly, Feazell & Tighe, L.L.P., Austin, Jerry Guerra, Law Offices of Jerry Guerra, Luis A. Elizondo, David Aaron Huerta, The Huerta Law Firm, Alberto R. Huerta, Huerta & Hastings, Corpus Christi, TX, Paul M. Weiss, Tod A. Lewis, William M. Sweetman, Freed & Weiss, LLC, Chicago, L. Thomas Lakin, Bradley M. Lakin, Richard J. Burke, Jeffrey A.J. Millar, The Lakin Law Firm, P.C., Wood River, IL, for Respondent.

PER CURIAM.

Consumers brought this class-action suit for "money had and received" to recover a restocking fee that was deducted from refunds made on certain returned merchandise.1 The trial court certified a statewide class, and the court of appeals affirmed. 214 S.W.3d 66, 71. We conclude that individualized inquiry will predominate over common issues of proof, making the claim inappropriate for class...

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