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Procedure & Practice
Fifteenth Court Holds Arbitrator Must Decide Scope of Arbitration When Parties Delegate to AAA
Joel Reese | Sep 30, 2026
Aviation
Arbitration
Interlocutory Appeal
AAA Rules
Delegation Doctrine
Procedure & Practice
Rule 91a Does Not Require Dismissal of Fraud-by-Nondisclosure, Tortious Interference, or Aiding-and-Abetting Claims Where Pleadings Allege Sufficient Facts
Joel Reese | Sep 30, 2026
Oil & Gas
Rule 91a
Notice Pleading
Aiding and Abetting
Fraud by Nondisclosure
Jurisdiction & Removal
Counterclaim Filing Triggers Removal Clock When Amount-in-Controversy Threshold First Satisfied
Joel Reese | Sep 30, 2026
Removal & Remand
Section 25A.004
Section 25A.006
Amount in Controversy
Counterclaims
Jurisdiction & Removal
Existing District Court Receivership Defeats Business Court Jurisdiction Over Partnerships
Joel Reese | Sep 30, 2026
Subject-Matter Jurisdiction
Section 25A.004
Real Estate
Receivership
Chapter 11 TBOC
Jurisdiction & Removal
Evidentiary Proof Defeats Pleaded Amount in Controversy: Business Court Applies C Ten 31 Burden-Shifting Framework to Remand Derivative Action
Joel Reese | Sep 30, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Derivative Actions
Burden-Shifting Framework
Procedure & Practice
Fifteenth Court Holds Arbitration Delegation Clauses Trump Trial Court Scope Determinations in Multi-Contract Disputes
Joel Reese | Sep 30, 2026
Aviation
Arbitration
Delegation Clause
AAA Rules
Multi-Contract Disputes
Procedure & Practice
Direct Versus Consequential Damages: Proximate Cause Challenge Reaches Only Specifically Pleaded Special Damages at Summary Judgment
Joel Reese | Sep 30, 2026
Summary Judgment
Aviation
Proximate Cause
Consequential Damages
Rule 56
Contract Disputes
No-Reliance and Merger Clauses Bar Fraud and Oral Contract Claims Despite Sophisticated Party's Allegations of Omitted Compensation
Joel Reese | Sep 30, 2026
Private Equity
Rule 91a
Fraudulent Inducement
No-Reliance Clause
Merger Clause
Governance & Fiduciary Duties
Exculpatory Clauses in LLC Agreements Can Eliminate Most Managerial Fiduciary Duties Under Rule 91a
Joel Reese | Sep 30, 2026
Oil & Gas
Fiduciary Duty
Rule 91a
Company Agreement
Section 101.401
Procedure & Practice
Derived Judicial Immunity Shields Receiver but Not Receiver-Created Entities at Rule 91a Stage
Joel Reese | Sep 30, 2026
Fiduciary Duty
Rule 91a
Notice Pleading
Derived Judicial Immunity
Receivers
Contract Disputes
Statute of Frauds Bars Enforcement of Land Contract Where Lot Selection Depended on Third Party's Unfettered Discretion
Joel Reese | Sep 30, 2026
Summary Judgment
Real Estate
Statute of Frauds
Property Description
Future-Selection Contracts
Contract Disputes
UPS Next-Day Delivery Satisfies Certified Mail Requirement for Foreclosure Notices Under Contract and Texas Property Code
Joel Reese | Sep 30, 2026
Real Estate
Contract Interpretation
Foreclosure
Texas Property Code § 51.002
Notice Requirements
Appellate Review
Interlocutory Appeal Dismissed as Moot After Final Judgment Issued in Mineral Rights Dispute
Joel Reese | Sep 30, 2026
Rule 42.1
Interlocutory Appeal
Final Judgment
Mootness
Abatement
Procedure & Practice
Claim Preclusion Bars Refiled Knowing-Participation Claim Against Prior Party, But Not Against Non-Party Employee
Joel Reese | Sep 30, 2026
Summary Judgment
Res Judicata
Claim Preclusion
Issue Preclusion
Privity
Jurisdiction & Removal
Coca-Cola Comity Rule Bars Louisiana Antitrust Claims in Texas Business Court, But LUTPA Survives Rule 91a
Joel Reese | Sep 30, 2026
Rule 91a
Choice of Law
Interstate Comity
Antitrust
Louisiana Law
Jurisdiction & Removal
Rule 202 Pre-Suit Discovery Petitions Are Removable 'Actions' Under Section 25A.006(d)
Joel Reese | Sep 30, 2026
Subject-Matter Jurisdiction
Removal & Remand
Section 25A.006(d)
Rule 202
Pre-Suit Discovery
Governance & Fiduciary Duties
Divorce Decree Language Can Negate Constructive Trustee's Fiduciary Duties in Business Holdings
Joel Reese | Sep 30, 2026
Fiduciary Duty
Summary Judgment
Contract Interpretation
Constructive Trust
Dilution
Trade Secrets & Non-Competes
Outside Counsel Not of Record Denied Access to AEO Materials in Trade Secrets Case
Joel Reese | Sep 30, 2026
TUTSA
Protective Orders
Attorney's Eyes Only
Discovery Disputes
Section 134A.006
Procedure & Practice
Conversion Claims Cannot Reach Uncertificated LLC Membership Interests Under Texas Law
Joel Reese | Sep 30, 2026
Rule 91a
LLC Membership Interests
Company Agreement
Conversion
Section 3.201(c)
Contract Disputes
Bond Indenture Trustee Owes Contractual, Not Statutory Trust Code, Duties When Legal Title Does Not Transfer
Joel Reese | Sep 30, 2026
Fiduciary Duty
Trust Code
Bond Indenture
Express Trust
Securities & Investment
Jurisdiction & Removal
Amended Petition Adding Publicly Traded Party After September 1, 2024 Does Not 'Commence' New Action for Business Court Jurisdiction
Joel Reese | Aug 05, 2026
Removal & Remand
Effective Date
Section 25A.004
Publicly Traded Company
Amended Petition
Jurisdiction & Removal
Removal Statute Does Not Apply to Pre-Effective Date Cases: Business Court Lacked Authority to Accept 2017-Filed Action
Joel Reese | Aug 05, 2026
Removal & Remand
Effective Date
Oil & Gas
Section 25A.006
Statutory Construction
Jurisdiction & Removal
Fifteenth Court Holds 'Action' Means Entire Lawsuit, Not Individual Claims, for Business Court Removal Eligibility
Joel Reese | Aug 05, 2026
Removal & Remand
Section 25A.006
Derivative Claims
Mandamus
Effective Date Provision
Appellate Review
Chief Justice Brister Dissents on Transferred-Case Review Standards and Plenary Power in Business Court Appeal
Joel Reese | Aug 05, 2026
Temporary Injunction
Interlocutory Appeal
Transfer Procedure
Plenary Power
Standard of Review
Appellate Review
Appellant's Voluntary Dismissal of Interlocutory Appeal Highlights Strategic Considerations in Business Court Appeals
Joel Reese | Aug 05, 2026
Rule 42.1
Fifteenth Court of Appeals
Interlocutory Appeal
Voluntary Dismissal
Business Court Procedure
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Challenging Business Court Discovery Order in Commercial Real Estate Finance Dispute
Joel Reese | Aug 05, 2026
Real Estate
Mandamus
Emergency Stay
Interlocutory Appeal
Commercial Finance
Jurisdiction & Removal
Mandamus Denied in Challenge to Business Court's Remand of Pre-Effective-Date Case
Joel Reese | Aug 05, 2026
Removal & Remand
Effective Date
Temporal Jurisdiction
Mandamus
Section 22.221
Appellate Review
Interlocutory Appeal of Special Appearance Order Dismissed After Merger into Final Judgment
Joel Reese | Aug 05, 2026
Special Appearance
Interlocutory Appeal
Appellate Procedure
Section 51.014(a)(7)
Merger Doctrine
Appellate Review
Business Court Remand Orders Are Not Immediately Appealable, Fifteenth Court Holds
Joel Reese | Aug 05, 2026
Removal & Remand
Section 25A.006
Mandamus
Interlocutory Appeal
Appellate Jurisdiction
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Relief in Socket Solutions, Lifting Administrative Stay on Business Court Proceedings
Joel Reese | Aug 05, 2026
Fifteenth Court of Appeals
Mandamus
Interlocutory Appeal
Administrative Stay
Memorandum Opinion
Appellate Review
Energy Transfer and Culberson Midstream Parties Jointly Dismiss First Appellate Challenge to Business Court Division 1B
Joel Reese | Aug 05, 2026
Oil & Gas
Rule 42.1
Joint Dismissal
Fifteenth Court of Appeals
Division 1B
Procedure & Practice
Dissent Argues Business Court Correctly Applied Rule 91a Standard in Attorney Immunity Case
Joel Reese | Aug 05, 2026
Rule 91a
Tortious Interference
Mandamus
Standard of Review
Attorney Immunity
Procedure & Practice
Attorney Immunity Bars Tortious Interference Claims Against General Counsel Advising on CEO Termination
Joel Reese | Aug 05, 2026
Rule 91a
Tortious Interference
Mandamus
Attorney Immunity
Employment Contracts
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Relief in Socket Solutions Merger Successor Dispute
Joel Reese | Aug 05, 2026
Successor Liability
Fifteenth Court of Appeals
Mandamus
Interlocutory Appeal
Merger
Procedure & Practice
Fifteenth Court of Appeals Dismisses First Reported Derivative Action Appeal from Business Court Following Joint Settlement Motion
Joel Reese | Aug 05, 2026
Derivative Standing
Real Estate
Rule 42.1
Settlement
Appellate Dismissal
Jurisdiction & Removal
Business Court Retains Authority to Reconsider Remand After Plaintiff Amends to Eliminate Jurisdictional Claims
Joel Reese | Aug 05, 2026
Removal & Remand
Section 25A.004
Mandamus
Business Court Jurisdiction
Pleading Amendments
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Challenging Business Court Trial Setting in Minerals Dispute
Joel Reese | Aug 05, 2026
Oil & Gas
Mandamus
Abuse of Discretion
Emergency Relief
Trial Setting
Appellate Review
Voluntary Dismissal Terminates Early Business Court Appeal in NGL Water Solutions v. Lime Rock
Joel Reese | Aug 05, 2026
Oil & Gas
Rule 42.1
Voluntary Dismissal
Appellate Procedure
Trade Secrets & Non-Competes
Business Court Modification of Temporary Injunction Fails Rule 684 Bond Requirement in Non-Compete Dispute
Joel Reese | Aug 05, 2026
Removal & Remand
Section 25A.006
Temporary Injunction
Non-Compete Agreements
Rule 684
Jurisdiction & Removal
Fifteenth Court Confirms Business Court Jurisdiction Over Pre-Effective-Date Cases with Party Consent Under HB 40 Amendments
Joel Reese | Aug 05, 2026
Removal & Remand
Section 25A.021
HB 40 Amendments
Pre-Effective-Date Cases
Permissive Appeal
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Challenging Business Court Order in Foundation Dispute
Joel Reese | Aug 05, 2026
Fifteenth Court of Appeals
Business Court Division 1B
Mandamus
Interlocutory Appeal
Extraordinary Relief
Appellate Review
Fifteenth Court of Appeals Denies Mandamus Seeking Interlocutory Review of Business Court Discovery Order
Joel Reese | Aug 05, 2026
Fifteenth Court of Appeals
Mandamus
Interlocutory Review
Discovery
Abuse of Discretion
Appellate Review
Voluntary Dismissal Ends First Reported Appeal from Business Court Division 3A
Joel Reese | Aug 05, 2026
Fifteenth Court of Appeals
Voluntary Dismissal
Rule 42.1(a)
Division 3A
Appellate Review
Fifteenth Court of Appeals Dismisses Unopposed Mandamus Petition from Business Court Division 3A in Self-Storage Software Dispute
Joel Reese | Aug 05, 2026
Fifteenth Court of Appeals
Mandamus
Rule 42.1(a)
Business Court Division 3A
Appellate Review
Business Court Remand Orders Are Not Immediately Appealable, Fifteenth Court Holds in Second Jurisdictional Dismissal
Joel Reese | Aug 05, 2026
Interlocutory Appeal
Remand Orders
Appellate Jurisdiction
Final Judgment
Business Court Jurisdiction
Appellate Review
Energy Transfer Mandamus Proceeding Dismissed by Joint Motion Before Fifteenth Court
Joel Reese | Aug 05, 2026
Oil & Gas
Rule 42.1
Fifteenth Court of Appeals
Business Court Division 1B
Mandamus
Contract Disputes
Partial Summary Judgment on Liability Granted Where Defendant Fails to Controvert Breach or Raise Viable Affirmative Defenses
Joel Reese | Jul 28, 2026
Summary Judgment
Delaware Law
Breach of Contract
Unconscionability
Affirmative Defenses
Jurisdiction & Removal
Pleading Jurisdictional Facts Under Section 25A.004(d)(1): Business Court Denies Plea to the Jurisdiction in Oil and Gas Reciprocal Waiver Dispute
Joel Reese | Jul 28, 2026
Section 25A.004
Oil & Gas
Amount in Controversy
Plea to the Jurisdiction
Qualified Transaction
Governance & Fiduciary Duties
Certificate of Formation Controls Over Conflicting Bylaws in Nonprofit Governance Dispute
Joel Reese | Jul 28, 2026
Summary Judgment
Texas Business Organizations Code
Nonprofit Corporations
Certificate of Formation
Promissory Estoppel
Contract Disputes
Contract Ambiguity Survives Summary Judgment Where Competing Interpretations Both Find Textual Support
Joel Reese | Jul 28, 2026
Summary Judgment
Contract Interpretation
Ambiguity
Fraudulent Inducement
Economic Loss Rule
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Pre-September 1, 2024 Cases Despite Agreed Removal
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Removal & Remand
Section 25A.004
H.B. 19 Effective Date
Agreed Removal
Jurisdiction & Removal
Business Court Clarifies 'Qualified Transaction' Jurisdictional Test: Assignment of Promissory Notes Meets $10 Million Threshold When Contracted-For Interest Included
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Section 25A.004
Amount in Controversy
Qualified Transaction
Promissory Notes
Governance & Fiduciary Duties
Drag-Along Rights and Modified Fiduciary Duties Survive Summary Judgment Challenge in Private Equity Partnership Dispute
Joel Reese | Jul 28, 2026
Private Equity
Drag-Along Rights
Fiduciary Duty
Partnership Agreement
Summary Judgment
Contract Disputes
Contract Interpretation Principles Govern Exclusive-Use Storage and Ship-or-Pay Deficiency Calculations in Crude-Oil Terminal Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Contract Interpretation
Condition Precedent
Ship-or-Pay
Procedure & Practice
Work Product Doctrine Does Not Protect Non-Lawyer Notes Lacking Attorney Mental Impressions
Joel Reese | Jul 28, 2026
Discovery Disputes
Work Product Doctrine
Rule 192.5
Attorney-Client Privilege
In Camera Review
Contract Disputes
Temporal Limits on Indemnification Obligations Bar Claims Asserted After Survival Period Expires
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Contract Interpretation
Indemnification
Asset Purchase Agreement
Governance & Fiduciary Duties
Derivative Standing Requires Contemporaneous Membership: Business Court Dismisses Claims After Buy-Sell Enforcement
Joel Reese | Jul 28, 2026
Plea to the Jurisdiction
Derivative Standing
LLC Governance
Section 101.463
Buy-Sell Agreements
Governance & Fiduciary Duties
Board Approval Alone Suffices for Unit Transfers Under Company Agreement; Special Director Consent Not Required
Joel Reese | Jul 28, 2026
Drag-Along Rights
Summary Judgment
Company Agreement
Contract Interpretation
LLC Governance
Jurisdiction & Removal
Perpetual Royalty Agreement Satisfies Qualified Transaction and Amount-in-Controversy Requirements for Business Court Jurisdiction
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Qualified Transaction
HB 40
Contract Disputes
Texas Shootout Provisions Are Enforceable: Court Orders Specific Performance of Buy-Sell Option Despite Breach Claims
Joel Reese | Jul 28, 2026
Summary Judgment
Company Agreement
Specific Performance
Buy-Sell Provisions
LLC Governance
Procedure & Practice
Defamation Claims Require Objectively Verifiable Statements: Business Court Grants Summary Judgment on Integrity-Based Allegations
Joel Reese | Jul 28, 2026
Summary Judgment
Rule 166a
Defamation
No-Evidence Motion
Objectively Verifiable Statements
Jurisdiction & Removal
Personal Jurisdiction Requires More Than Investment in Texas-Based Company: Business Court Grants Special Appearance
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
Private Equity
Minimum Contacts
Long-Arm Statute
Procedure & Practice
Mandatory Real Property Venue Trumps Forum-Selection Clause in Wastewater Disposal Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Declaratory Judgment
Venue
Section 15.011
Forum Selection
Jurisdiction & Removal
Section 8 of House Bill 19 Bars Non-Consensual Removal of Pre-September 1, 2024 Cases to Business Court
Joel Reese | Jul 28, 2026
Removal & Remand
Effective Date
Oil & Gas
Statutory Construction
Section 8 House Bill 19
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Trust Claims Arising Under Property Code Title 9 Absent Party Agreement
Joel Reese | Jul 28, 2026
Removal & Remand
Supplemental Jurisdiction
Section 25A.004(g)
Trust Disputes
Statutory Probate Court
Jurisdiction & Removal
Internal Affairs Jurisdiction Does Not Require Predominance: Business Court Retains Lottery Fraud Case Implicating LP Formation and Purpose
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004(b)(2)
Internal Affairs Jurisdiction
Limited Partnership
Governing Documents
Jurisdiction & Removal
Business Court Rejects 'Supplemental Claims' Theory in Calculating Amount in Controversy for Removal Timeliness
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Timeliness
Permissive Interlocutory Appeal
Procedure & Practice
Mirror-Image Rule Bars Declaratory Counterclaims That Merely Deny Plaintiff's Injunction Elements
Joel Reese | Jul 28, 2026
Rule 91a
Declaratory Judgment
Mirror-Image Rule
TUTSA
Injunctive Relief
Jurisdiction & Removal
Characterization of Natural Gas as Personalty Defeats Plea to Jurisdiction Based on New Mexico Real Property
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Oil & Gas
Plea to the Jurisdiction
Real Property vs. Personalty
Material Breach
Jurisdiction & Removal
Business Court Remands Pre-Effective-Date Case Removed After September 1, 2024
Joel Reese | Jul 28, 2026
Removal & Remand
Effective Date
Temporal Jurisdiction
Section 25A.004
Oil & Gas
Jurisdiction & Removal
Business Court Lacks Authority Over Pre-September 1, 2024 Cases: Whitehill Grants Remand in Synergy Global
Joel Reese | Jul 28, 2026
Removal & Remand
Temporal Jurisdiction
Section 25A.006
H.B. 19 § 8
Statutory Construction
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Pre-Effective-Date Cases Despite Party Consent
Joel Reese | Jul 28, 2026
Chapter 25A
Subject-Matter Jurisdiction
Removal & Remand
Effective Date
Sua Sponte Review
Governance & Fiduciary Duties
Rule 166(g) Adjudication Requires Statutory Compliance for LLC Membership Claims
Joel Reese | Jul 28, 2026
Summary Judgment
Rule 166(g)
LLC Membership
Texas Business Organizations Code § 101.103
Company Records
Governance & Fiduciary Duties
Church Autonomy Doctrine and Associational Standing Collide in Nonprofit Governance Dispute
Joel Reese | Jul 28, 2026
Derivative Standing
Nonprofit Corporations
Associational Standing
TBOC
Church Autonomy Doctrine
Jurisdiction & Removal
Pleading Amount in Controversy Suffices for Business Court Jurisdiction Absent Sham Evidence
Joel Reese | Jul 28, 2026
Section 25A.004
Amount in Controversy
Fiduciary Duty
Plea to the Jurisdiction
Partnership Dissolution
Jurisdiction & Removal
Forum-Selection Clauses in Operating Agreements Cannot Override Business Court Jurisdiction Absent Major Transaction Requirements
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Forum Selection
Healthcare
Major Transaction
Procedure & Practice
TCPA Motion to Dismiss Granted Against Defamation and Tortious Interference Counterclaims Based on Litigation-Related Customer Letters
Joel Reese | Jul 28, 2026
Trade Secrets & Non-Competes
Tortious Interference
Defamation
TCPA
Anti-SLAPP
Contract Disputes
"Relocate to Dallas" Clause Ambiguous, Requires Jury Determination of Ongoing Residence Obligation
Joel Reese | Jul 28, 2026
Summary Judgment
Contract Interpretation
Employment Agreements
Ambiguity
Procedure & Practice
Imputed Knowledge, Due Process, and Res Judicata: Business Court Addresses Entity Identification and Post-Bankruptcy Claims in Arena Partnership Dispute
Joel Reese | Jul 28, 2026
Summary Judgment
Partnership Disputes
Imputed Knowledge
Res Judicata
Due Process
Jurisdiction & Removal
Personal Jurisdiction Over Corporate Agents Requires Allegations of Personal Tortious Acts, Not Imputed Corporate Conduct
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
Veil Piercing
Specific Jurisdiction
Corporate Agency
Governance & Fiduciary Duties
Drag-Along Rights Turn on Present Control, Not Post-Closing Governance Arrangements
Joel Reese | Jul 28, 2026
Private Equity
Drag-Along Rights
Summary Judgment
Company Agreement
Affiliate Definition
Jurisdiction & Removal
Employment Discrimination Claims Fall Outside Business Court's 'Internal Affairs' Jurisdiction
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Removal & Remand
Section 25A.004
Internal Affairs
Employment Discrimination
Contract Disputes
Plain Language of 'In Perpetuity' Payment Obligation Survives Fund Closure Under Delaware Law
Joel Reese | Jul 28, 2026
Summary Judgment
Contract Interpretation
Delaware Law
TRCP 166(g)
Plain Meaning Rule
Jurisdiction & Removal
Partial Removal to Business Court Rejected: 'Action' Means Entire Lawsuit, Not Individual Claims
Joel Reese | Jul 28, 2026
Removal & Remand
Temporal Jurisdiction
Section 25A.004
Statutory Interpretation
Partial Removal
Securities & Investment
Promissory Note Held Not a Security Under Texas Securities Act After Reves Analysis
Joel Reese | Jul 28, 2026
Private Equity
Summary Judgment
Texas Securities Act
Reves Test
Promissory Note
Trade Secrets & Non-Competes
TUTSA Preemption Does Not Bar Fiduciary Duty Claims Based on Independent Conduct Beyond Trade Secret Misappropriation
Joel Reese | Jul 28, 2026
Fiduciary Duty
Rule 91a
TUTSA
Knowing Participation
Imputed Knowledge
Jurisdiction & Removal
Business Court Holds Removal Statute Bars Partial Claim Removal and Applies Commencement Date to Original Petition
Joel Reese | Jul 28, 2026
Chapter 25A
Removal & Remand
Commencement Date
HB 19 Section 8
Partial Removal
Procedure & Practice
Shareholder Cannot Bring Individual Conversion Claim for Corporate Property Without Derivative Pleading
Joel Reese | Jul 28, 2026
Rule 91a
Derivative Standing
Closely Held Corporations
Section 21.563
Conversion
Jurisdiction & Removal
Business Court Rejects 'Springing' Qualified Transaction Theory in Master Service Agreement Remand
Joel Reese | Jul 28, 2026
Removal & Remand
Qualified Transaction
Section 25A.001(14)
Master Service Agreement
Series of Related Transactions
Jurisdiction & Removal
Business Court Clarifies Amount-in-Controversy Requirements for Injunctive Relief Under Section 25A.004(e) and Adopts Burden-Shifting Framework for Removal Challenges
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Injunctive Relief
Burden of Proof
Jurisdiction & Removal
Pre-Suit Demand Letters Establish Amount in Controversy for Business Court Removal Deadlines
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.006
Amount in Controversy
Real Estate
Pre-Suit Demand Letters
Jurisdiction & Removal
Removal Deadline Under Section 25A.006(f)(2) Is Not a Prohibition on Early Removal During Pending TI Application
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.006
Amount in Controversy
Temporary Injunction
TUTSA
Contract Disputes
Contractual Obligations Are 'Payable' at Maturity Regardless of Available Funds, Triggering Put-Right Remedy
Joel Reese | Jul 28, 2026
Summary Judgment
Real Estate
Contract Interpretation
Put Rights
Seller Financing
Procedure & Practice
Business Court Exercises Discretion to Deny Attorneys' Fees Under Section 37.009 Despite Clear Victory on Merits
Joel Reese | Jul 28, 2026
Declaratory Judgment
Attorney's Fees
Section 37.009
Equitable Discretion
Partnership Disputes
Jurisdiction & Removal
Business Court Denies Plea to Jurisdiction in Real Estate Development Indemnity Dispute, Applying Traditional Amount-in-Controversy Analysis
Joel Reese | Jul 28, 2026
Section 25A.004
Amount in Controversy
Plea to the Jurisdiction
Real Estate
Indemnification
Contract Disputes
Course-of-Performance Evidence Inadmissible to Construe Unambiguous Oil and Gas Farmout Agreement
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Contract Interpretation
Extrinsic Evidence
Course of Performance
Governance & Fiduciary Duties
Advancement Rights Governed by Agreement in Effect When Conduct Occurred, Not When Suit Filed—But Claims Must Arise 'By Reason Of' Director Service
Joel Reese | Jul 28, 2026
Drag-Along Rights
Company Agreement
LLC Governance
Advancement of Fees
Conditions Precedent
Contract Disputes
Contract Construction and Location Commitments: Business Court Interprets Four Interrelated Agreements to Determine Redemption Rights in Arena Partnership Dispute
Joel Reese | Jul 28, 2026
Summary Judgment
Partnership Agreements
Contract Construction
Redemption Rights
Defined Terms
Jurisdiction & Removal
Specific Jurisdiction Requires Claims to Arise From Texas Conduct: Business Court Dismisses Out-of-State Manufacturers in Lien-Priority Dispute
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
Long-Arm Statute
Specific Jurisdiction
Lien Priority
Jurisdiction & Removal
Business Court Dismisses Trade Secrets Suit for Lack of Personal Jurisdiction Over Out-of-State Defendant with Substantial Texas Presence
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
TUTSA
Specific Jurisdiction
General Jurisdiction
Contract Disputes
Statute of Frauds Bars Enforcement of Real Estate Contract Where Legal Description Deferred to Future Survey
Joel Reese | Jul 28, 2026
Summary Judgment
Material Breach
Real Estate
Statute of Frauds
Contract Indefiniteness
Procedure & Practice
Texas Fair-Notice Pleading Standard Distinguishes Federal 737 MAX Dismissals in Boeing Proximate Causation Dispute
Joel Reese | Jul 28, 2026
Aviation
Judgment on the Pleadings
Proximate Causation
Fair Notice Pleading
Federal vs. State Pleading Standards
Contract Disputes
Delaware's Implied Covenant of Good Faith Governs Ethylene Supply Contract Dispute in First-of-Refusal Nomination Case
Joel Reese | Jul 28, 2026
Summary Judgment
Contract Interpretation
Choice of Law
Delaware Law
Implied Covenant of Good Faith
Trade Secrets & Non-Competes
Business Court Grants Partial Injunction on Non-Compete, Applies Blue Pencil Doctrine to Overbroad Covenant
Joel Reese | Jul 28, 2026
Temporary Injunction
TUTSA
Non-Compete Agreements
Blue Pencil Doctrine
Restrictive Covenants
Contract Disputes
Nonwaiver Clauses Require Strict Compliance: Texas Business Court Enforces Writing Requirement in Employment Termination Dispute
Joel Reese | Jul 28, 2026
Private Equity
Summary Judgment
Nonwaiver Clause
Employment Agreement
Secured Promissory Note
Jurisdiction & Removal
Specific Jurisdiction Established Over Out-of-State Airline Based on Texas Operations Under Multi-State Alliance Agreement
Joel Reese | Jul 28, 2026
Special Appearance
Long-Arm Statute
Specific Jurisdiction
Purposeful Availment
Aviation
Jurisdiction & Removal
Business Court Finds Jurisdiction Over Aiding-and-Abetting and Intellectual-Property Claims Despite Absence of Standalone Causes of Action
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Trade Secrets & Non-Competes
Aiding and Abetting
Governance & Fiduciary Duties
Membership Interests Cannot Be Severed from the Company Agreement That Creates Them
Joel Reese | Jul 28, 2026
Summary Judgment
LLC Membership Interests
Company Agreement
Capital Contributions
Successor Liability
Governance & Fiduciary Duties
Joint Venture Claims Fail Without Allegations of Profit-and-Loss Sharing; No Fiduciary Duty Pass-Through from Corporate Manager to Individual Officers
Joel Reese | Jul 28, 2026
Fiduciary Duty
Real Estate
Rule 166(g)
Joint Venture
Manager-Managed LLC
Trade Secrets & Non-Competes
Assignment Does Not Expand Assignor's Rights in Trade Secret Settlement Proceeds
Joel Reese | Jul 28, 2026
Oil & Gas
TUTSA
Trade Secrets
Assignment
Settlement Allocation
Contract Disputes
Fee Simple Determinable in Farmout Agreements: Business Court Construes Eagle Ford Shale Contracts as Upfront Conveyance, Not Conditional Assignment
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Contract Interpretation
Farmout Agreements
Fee Simple Determinable
Contract Disputes
Business Court Confirms Arbitration Award, Holds Parties' Contract Delegated Arbitrability Questions to Arbitrators
Joel Reese | Jul 28, 2026
Arbitration
FAA
Texas Arbitration Act
Arbitrability
Scope of Authority
Governance & Fiduciary Duties
Punitive Damages Waivers Enforceable in Bond Trustee Disputes; Terminated Trustees Retain Confidentiality Duties
Joel Reese | Jul 28, 2026
Rule 166(g)
Trust Code Section 114.007
Punitive Damages Waiver
Bond Financing
Trustee Duties
Jurisdiction & Removal
Third-Party Beneficiary Status and Jurisdictional Retention After Claim Dismissal in Oil and Gas Waiver Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Plea to the Jurisdiction
Third-Party Beneficiary
Standing
Procedure & Practice
Rule 91a Motion Denied Where Partnership Dissolution Pleadings Satisfy Notice Standard
Joel Reese | Jul 28, 2026
Amount in Controversy
Rule 91a
Section 11.314
Notice Pleading
Partnership Dissolution
Procedure & Practice
Business Court Interprets 'Responsible Third Party' and 'Harm for Which Recovery Is Sought' Under Chapter 33
Joel Reese | Jul 28, 2026
Chapter 33
Responsible Third Party
Proportionate Responsibility
Statutory Interpretation
Procedure & Practice
Declaratory-Judgment Counterclaims Cannot Serve as Fee-Shifting Vehicles for Issues Already Joined
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Summary Judgment
Mirror-Image Rule
Declaratory Judgments Act
Attorney's Fees
Contract Disputes
Limitation-of-Liability Clauses Must Be Read in Context: Business Court Distinguishes 'Arising From' and 'Arising Out of or Related To' in Tort Claims Analysis
Joel Reese | Jul 28, 2026
Summary Judgment
Contract Interpretation
Limitation of Liability
Tortious Interference
Business Disparagement
Jurisdiction & Removal
Partial Settlement Does Not Divest Business Court of Jurisdiction Once Properly Invoked
Joel Reese | Jul 28, 2026
Section 25A.004
Oil & Gas
Amount in Controversy
Fiduciary Duty
Derivative Standing
Contract Disputes
Estoppel Bars Specific Performance After Termination Notice, Even With Substantial Compliance
Joel Reese | Jul 28, 2026
Summary Judgment
Real Estate
Specific Performance
Estoppel
Purchase and Sale Agreement
Jurisdiction & Removal
Third-Party Construction Subcontractor Claims Satisfy 'Qualified Transaction' Jurisdictional Test
Joel Reese | Jul 28, 2026
Plea to the Jurisdiction
Qualified Transaction
Section 25A.004(d)(1)
Third-Party Claims
Construction
Jurisdiction & Removal
Retroactive Application of H.B. 40's Reduced Jurisdictional Threshold Permits Second Removal to Business Court
Joel Reese | Jul 28, 2026
Removal & Remand
Oil & Gas
Section 25A.006
Amount in Controversy
House Bill 40
Contract Disputes
Force Majeure Clauses Do Not Require Spot-Market Purchases or Buybacks Absent Express Language
Joel Reese | Jul 28, 2026
Oil & Gas
Contract Interpretation
Force Majeure
NAESB Contracts
Winter Storm Uri
Contract Disputes
Contract Definiteness and Mutual Assent: Business Court Enforces Reciprocal Waiver Agreement in Oil-and-Gas Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Contract Formation
Definiteness
Rule 166a
Contract Disputes
Battle of the Forms in Energy Contracts: Business Court Holds Dueling Transaction Confirmations Can Both Be Binding
Joel Reese | Jul 28, 2026
Oil & Gas
Contract Formation
Battle of the Forms
NAESB
Transaction Confirmations
Jurisdiction & Removal
Business Court Retains Jurisdiction Over LLC Winding-Up Despite Parallel District Court Litigation
Joel Reese | Jul 28, 2026
Plea to the Jurisdiction
Section 11.314
Dominant Jurisdiction
LLC Winding-Up
Compulsory Counterclaim
Securities & Investment
Discovery Rule and Inquiry Notice Bar Fraud Claims Against Healthcare Investment Defendants Despite Alleged Concealment
Joel Reese | Jul 28, 2026
Private Equity
Summary Judgment
Statute of Limitations
Discovery Rule
Inquiry Notice
Fraudulent Concealment
Securities Purchase Agreement
Healthcare
Jurisdiction & Removal
Amount in Controversy Determined at Filing, Not by Future Legislation: Business Court Remands Oil & Gas Dispute Below $10 Million Threshold
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Oil & Gas
Amount in Controversy
Qualified Transaction
Jurisdiction & Removal
Amount-in-Controversy Pleading Standards: Business Court Permits Repleading After Initial Jurisdictional Deficiency
Joel Reese | Jul 28, 2026
Section 25A.004
Amount in Controversy
Plea to the Jurisdiction
Supplemental Jurisdiction
Derivative Standing
Jurisdiction & Removal
Business Court Transfers Case After Parties Agree Claims Do Not Arise from Qualified Transaction
Joel Reese | Jul 28, 2026
Section 25A.004
Plea to the Jurisdiction
Qualified Transaction
Venue
Transfer
Jurisdiction & Removal
Legal Malpractice Claims Fall Outside Business Court Jurisdiction, Even When Fractured Into Alternative Theories
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Section 25A.004
Rule 91a
Legal Malpractice
Anti-Fracturing Rule
Jurisdiction & Removal
Business Court Clarifies Removal Procedure, Internal Affairs Jurisdiction, and Amount-in-Controversy Scope in Real Estate Development Dispute
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Internal Affairs Doctrine
Company Agreement
Real Estate
Jurisdiction & Removal
Personal Jurisdiction Requires Purposeful Forum Contacts Attributable to the Specific Defendant, Not Group Pleading
Joel Reese | Jul 28, 2026
Oil & Gas
Personal Jurisdiction
Special Appearance
Private Equity
Group Pleading
Jurisdiction & Removal
Amount in Controversy Excludes Future Royalty Payments and Theoretical Rights in Remand Analysis
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Oil & Gas
Amount in Controversy
Jurisdictional Evidence
Jurisdiction & Removal
Fiduciary Shield Doctrine Protects Out-of-State Officer from Personal Jurisdiction in Real Estate Joint Venture Dispute
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
Real Estate
Minimum Contacts
Fiduciary Shield Doctrine
Contract Disputes
Partnership Agreement Liability Waiver Shields Non-Partners from Derivative Claims Despite Third-Party Beneficiary Disclaimer
Joel Reese | Jul 28, 2026
Private Equity
Partnership Agreements
Liability Waivers
Third-Party Beneficiaries
Section 152.002
Procedure & Practice
Rule 91a Dismissal Standards Applied to Veil Piercing and Individual Liability Claims in Acquisition Dispute
Joel Reese | Jul 28, 2026
Rule 91a
Veil Piercing
Choice of Law
Notice Pleading
Individual Liability
Jurisdiction & Removal
Business Court Remands for Lack of Qualified Transaction: Unconsummated Bids and Forecasts Insufficient to Establish Jurisdiction
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Amount in Controversy
Qualified Transaction
Trade Secrets & Non-Competes
Contract Disputes
Liquidated Damages Enforceability Turns on Fact Issues in Natural Gas Contract Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Liquidated Damages
NAESB Contract
Rule 166(g)
Penalty Clause
Contract Disputes
Landfill Royalty Dispute Survives Summary Judgment on Contract Interpretation of 'Operated On' Property Language
Joel Reese | Jul 28, 2026
Summary Judgment
Real Estate
Contract Interpretation
Royalty Agreements
Procedure & Practice
Judge Andrews Establishes Framework for Attorney's Eyes Only Designations and In-House Counsel Access in Discovery Disputes
Joel Reese | Jul 28, 2026
Protective Orders
Attorney's Eyes Only
In-House Counsel Access
Discovery Disputes
Confidential Information
Procedure & Practice
Rule 91a Dismissal Standards Applied to TTLA and Fraud Claims in LLC Expulsion Dispute
Joel Reese | Jul 28, 2026
Rule 91a
TTLA
Section 101.106
LLC Membership Interests
Arbitration Stay
Procedure & Practice
Business Court Enforces Seven-Day Summary Judgment Evidence Deadline and Parses Expectancy Versus Reliance Damages in Oil and Gas Contract Dispute
Joel Reese | Jul 28, 2026
Oil & Gas
Summary Judgment
Rule 166a
Contract Damages
Expectancy Damages
Jurisdiction & Removal
Plaintiff Successfully Pleads Out of Business Court Jurisdiction by Amending Away Governance Claims
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.004
Qualified Transaction
Supplemental Jurisdiction
Governance & Internal Affairs
Governance & Fiduciary Duties
Motion for Reconsideration Denied: Business Court Reaffirms That Lawful Exercise of Drag-Along Rights Is Not Bad Faith
Joel Reese | Jul 28, 2026
Drag-Along Rights
Partnership Agreement
Summary Judgment
TBOC § 152.002
Good Faith
Motion for Reconsideration
Jurisdiction & Removal
Post-Amendment Removal Fails: Business Court Reaffirms September 1, 2024 Commencement Date Controls Jurisdiction
Joel Reese | Jul 28, 2026
Removal & Remand
H.B. 19 Effective Date
Section 8 Commencement
Amended Pleadings
Probate Court
Procedure & Practice
Post-Hearing Expert Exclusion Motions Must Be Timely Presented and Cannot Collaterally Attack Temporary Injunction Orders
Joel Reese | Jul 28, 2026
Temporary Injunction
Expert Testimony
Evidentiary Objections
Motion Practice
Timeliness
Jurisdiction & Removal
Sham Pleading Standard Requires Evidence of Fraud to Challenge Amount in Controversy
Joel Reese | Jul 28, 2026
Section 25A.004
Oil & Gas
Amount in Controversy
Plea to the Jurisdiction
Sham Pleading
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Pre-September 1, 2024 Actions and Later-Filed Claims in Same Lawsuit
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Removal & Remand
Effective Date
Section 8 H.B. 19
Governance & Fiduciary Duties
Jurisdiction & Removal
Removal Deadline Runs from When Jurisdictional Facts Were Facially Pleaded, Not When Removing Party Calculated Them
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.006
Amount in Controversy
Timeliness
Counterclaims
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Pre-September 1, 2024 Actions Despite Post-Effective Date Consent Agreement
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Removal & Remand
Section 25A.004
Oil & Gas
H.B. 19 Effective Date
Jurisdiction & Removal
Post-Effective-Date Joinder of Publicly Traded Defendant Does Not Confer Removal Jurisdiction Over Pre-Effective-Date Actions
Joel Reese | Jul 28, 2026
Subject-Matter Jurisdiction
Removal & Remand
Effective Date
HB 19 Transitional Provisions
Post-Joinder Removal
Procedure & Practice
Trade Secret Privilege Waived When Not Asserted Before Discovery Ruling Under Rule 193.3
Joel Reese | Jul 28, 2026
Discovery Disputes
Rule 193.3
Trade Secrets
Privilege Waiver
Local Rule 4(d)
Jurisdiction & Removal
Removal Deadline to Business Court Does Not Begin Before Suit Is Filed, Division 3 Holds
Joel Reese | Jul 28, 2026
Removal & Remand
Section 25A.006
Amount in Controversy
Rule 355
Temporary Injunction
Jurisdiction & Removal
Filing an Answer in One Texas Court Constitutes Consent to Personal Jurisdiction Statewide for the Same Dispute
Joel Reese | Jul 28, 2026
Personal Jurisdiction
Special Appearance
General Appearance
Consent to Jurisdiction
Private Equity
Jurisdiction & Removal
Business Court Reaffirms Bright-Line Rule: Pre-September 1, 2024 Cases Cannot Be Removed
Joel Reese | Jul 28, 2026
Removal & Remand
H.B. 19 Effective Date
Commencement Date
Jurisdictional Bar
Amount in Controversy
Jurisdiction & Removal
Business Court Lacks Jurisdiction Over Pre-Effective Date Cases Under Plain Language of H.B. 19
Joel Reese | Jul 28, 2026
Chapter 25A
Subject-Matter Jurisdiction
Removal & Remand
Effective Date
Statutory Construction
Jurisdiction & Removal
Business Court Holds Removal Unavailable for Cases Filed Before September 1, 2024
Joel Reese | Jul 28, 2026
Removal & Remand
Oil & Gas
Section 25A.006
Statutory Construction
H.B. 19
Procedure & Practice
Kassam v. Dosani: Business Court Denies Severance and Rejects Jurisdictional Challenge Where Defendants Fail to Negate $5 Million Amount in Controversy
Joel Reese | Jul 28, 2026
Amount in Controversy
Joinder and Severance
Rule 40
Rule 41
Derivative Claims