The appellant, Big Rock Investors Association, is a nonprofit association created to commence and prosecute its members' claims against the appellees. Substituting the testimony of one person (the receiver) concerning the individual profits and losses of each of BRIA's 226 individual members is no less fact-intensive than simply permitting each individual member to provide such testimony concerning his profits and losses. This type of fact-intensive analysis, even if performed through one witness, defeats a claim of associational standing under the third prong of the associational standing test. The claims management agreements signed by each BRIA member, characterized as powers of attorney, do not exempt the organization from the associational standing test. The trial court's dismissal is affirmed. Fort Worth Court of Appeals, No. 02-12-00396-CV, 08-15-2013.
Big Rock Investors Association v. Big Rock Petroleum, Inc.
Tex. App. Dist. 2
August 15, 2013