Blawgletter hails from the state whose official song once noted its status as "largest and grandest, withstanding ev'ry test/O Empire wide and glorious, you stand supremely blest".
The "largest" moved to "boldest" in 1959, when the Union let Alaska in.
Today the Ninth Circuit subdued Texas law's fondness for quelling aggregate litigation. The panel declared a contractual choice of Texas law unenforceable as contrary to "fundamental policy of California". Omstead v. Dell, Inc., No. 08-16749, slip op. at 2110 (9th Cir. Feb. 5, 2010).
The court didn't cite any Texas cases. It seemed to assume what we all know — that the Supreme Court of Texas would uphold the class action waiver in Dell's contracts with buyers of notebook computers.