Slip opinions decided 2024 — Texas Business Reports

Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court, and Defendant challenged the court's authority to hear this case. Construing the plain language of H.B. 19, the Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024 This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

This opinion addresses the removability to the Business Court of cases filed before September 1, 2024, when removal has been contested. The Court concludes that., in such circumstances, Section 8 of House Bill 19 limits Business Court authority to act to cases filed on or after September 1, 2024. In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court, and Defendant challenged the court's authority to hear this case. Construing the plain language of H.B. 19, the Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024 This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court. This opinion addresses the removability to the Business Court of cases filed before September 1, 2024, when removal has been contested. The Court concludes that., in such circumstances, Section 8 of House Bill 19 limits Business Court authority to act to cases filed on or after September 1, 2024. In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court, and Defendant challenged the court's authority to hear this case. Construing the plain language of H.B. 19, the Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024 This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.

This opinion addresses the removability of actions to the Texas Business Court that were filed before September 1, 2024, where the Parties have entered into a post-September 1, 2024 written agreement that the Court has jurisdiction of the case, and the Parties have pleaded jurisdiction under Texas Government Code Section 25A.004(d). The Court concludes that it lacks subject-matter jurisdiction over this action because Section 8 of House Bill 19 limits the applicability of Texas Government Code Chapter 25A to "civil actions commenced on or after September 1, 2024." Per the request of the Parties, the Court further certifies the controlling question of law discussed herein for a permissive interlocutory appeal under Texas Civil Practice & Remedies Code Section 51.014(d). To the extent that the Court has the authority to do so, the Court's remand order is stayed pending the resolution of the Parties' permissive interlocutory appeal. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court. This opinion addresses the removability to the Business Court of cases filed before September 1, 2024, when removal has been contested. The Court concludes that., in such circumstances, Section 8 of House Bill 19 limits Business Court authority to act to cases filed on or after September 1, 2024. In this case, Plaintiff attempted to remove a 2022 suit to the Texas Business Court, and Defendant challenged the court's authority to hear this case. Construing the plain language of H.B. 19, the Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024 This opinion concludes the court lacks subject-matter jurisdiction to hear a case commenced before September 1, 2024. This 2018 suit was removed to the Business Court from district court under Chapter 25A of the Texas Government Code. Though all parties consented to the removal, the court examined its jurisdiction and concluded the legislation creating the Business Court of Texas does not grant the court jurisdiction, requiring remand. After construing H.B. 19—the legislation implementing Chapter 25A— the Court concludes that removal is not permitted for cases filed before September 1, 2024. The Court also concludes that sanctions are not warranted. Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court Granting a motion to remand the case back to district court, when the case was originally filed in district court before September 1, 2024, and then removed to Business Court.