TBCblog

Fifteenth Court Confirms Business Court Jurisdiction Over Pre-Effective-Date Cases with Party Consent Under HB 40 Amendments

In Lone Star NGL Product Services LLC v. EagleClaw Midstream Ventures LLC, the Fifteenth Court of Appeals vacated the Business Court's remand order after determining that House Bill 40's amendments mean Section 8 of House Bill 19 is not a jurisdictional limitation when parties agree to remove a civil action commenced before September 1, 2024, and the case otherwise meets jurisdictional requirements. The appellate court remanded to the Business Court after the parties obtained permission to proceed under Section 25A.021, addressing a transitional question about pre-effective-date cases.

Vacated & Remanded Mem. Op. Justice Field Opinion PDF ↓