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Hon. Brian Stagner
Judge · Seat 8B
Texas Business Court · Eighth Business Court Division (Fort Worth)
Biography
Judge Brian Stagner serves on the Texas Business Court for the Eighth Division, located in Fort Worth, Texas. Before his appointment to the bench, Judge Stagner practiced law for 27 years at Kelly Hart & Hallman LLP, where he served as partner and co-chair of the firm’s Litigation Practice Group. During this time, he handled complex business litigation in more than 40 states, representing clients on both sides of the docket. His practice included corporate governance disputes, unfair business practices, e-commerce, insurance coverage, taxation, consumer class actions, and intellectual property matters. Judge Stagner has been listed in The Best Lawyers in America® annually since 2010. In addition to his judicial duties, Judge Stagner is an adjunct professor at Texas Christian University, where he teaches Business Law. He is a former Barrister of the American Inns of Court and is a sustaining Life Fellow of the Texas Bar Foundation, as well as a Fellow of the Tarrant County Bar Foundation. Judge Stagner earned his law degree, summa cum laude, from Texas Tech University School of Law, where he served on the Law Review and was named to the Order of the Coif. He also holds a Bachelor of Business Administration in Management from Angelo State University. Judge Stagner and his wife, Amy, have been happily married for 30 years and are proud parents of two daughters, Claire and Katie.
Opinions by Judge Stagner (4)
Claim Preclusion Bars Refiled Knowing-Participation Claim Against Prior Party, But Not Against Non-Party Employee
In CAM Industrial Solutions v. Brown & Root Industrial Services, the Business Court granted summary judgment on claim-preclusion grounds to a defendant sued in both a prior district court action and the current Business Court case, but denied summary judgment to a former employee who was a non-party witness in the first action and was not shown to be in privity with any party. The decision addresses whether a plaintiff can evade preclusion by filing a second suit one day before entry of judgment in the first.
Derived Judicial Immunity Shields Receiver but Not Receiver-Created Entities at Rule 91a Stage
In Fischer v. Fischer, Division 8 of the Business Court of Texas granted derived judicial immunity to a court-appointed receiver who facilitated the sale of community property companies under a receivership order later vacated on appeal. The court denied Rule 91a dismissal for Fischer Seller, LP and Fischer Purchaser Holdings, LP, holding that the pleadings did not establish facts sufficient to extend immunity to these entities at the pleading stage.
Forum-Selection Clauses in Operating Agreements Cannot Override Business Court Jurisdiction Absent Major Transaction Requirements
In South Shore ER v. Bashiri, the Business Court confronted a motion to remand a corporate-opportunity dispute involving alleged diversion of plans to open a stand-alone emergency center in Manvel, Texas. The case required the court to evaluate whether an LLC operating agreement's venue clause could override removal jurisdiction and when the 30-day removal clock begins under the Business Court Act.
Removal Deadline Under Section 25A.006(f)(2) Is Not a Prohibition on Early Removal During Pending TI Application
In Aspire Commercial v. Stephenson, the Business Court of Texas denied a motion to remand filed by defendant Christopher Stephenson, who argued that removal was premature while a temporary injunction application remained pending in district court. The court's ruling addresses the timing of removal when TI applications are under advisement and the standards for establishing the $5 million jurisdictional threshold.