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Sun Metals Group v. Yu
Analysis
Removal Deadline Runs from When Jurisdictional Facts Were Facially Pleaded, Not When Removing Party Calculated Them
In Sun Metals Group v. Yu, the Business Court remanded an action because defendants removed 20 days after the jurisdictional facts became facially evident in the pleadings. The decision clarifies that Section 25A.006(f)(1)(B)'s 30-day removal window opens when a party reasonably should have discovered jurisdictional facts from the face of the pleadings, not when the party actually performs the calculation.
Business Court Rejects 'Supplemental Claims' Theory in Calculating Amount in Controversy for Removal Timeliness
In Sun Metals Group v. Yu, the Texas Business Court denied reconsideration of its remand order, holding that all claims in an action removed under Section 25A.004(b) count toward the $5 million jurisdictional threshold—rejecting defendants' argument that certain claims were merely "supplemental" and should be excluded from the amount-in-controversy calculation. The court reaffirmed that "action" means the entire lawsuit, not individual claims, following consistent Business Court precedent and the Fifteenth Court of Appeals' holding in In re Durant.