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Portrait of Hon. Marialyn Barnard

Hon. Marialyn Barnard

Judge · Seat 4A

Texas Business Court · Fourth Business Court Division (San Antonio)

Biography

Judge Marialyn Barnard was appointed by Governor Abbott as a Judge of the Fourth Business Court Division effective September 1, 2024. She has worked in business, private practice, and government. Her previous eleven years of judicial experience includes Judge of the 73rd Judicial District Court in Bexar County and Justice on the Texas Fourth Court of Appeals. She also served on the Bexar County Commissioners Court as Commissioner for Precinct 3. Before her judicial service, Judge Barnard served as an Assistant United States Attorney in the Western District of Texas. She then worked for over 10 years in business as Managing Director of Forensic Litigation for KPMG LLP, In-house Counsel and Director of Business Intelligence for CPS Energy and Vice President of Product Development for TXdocs Software. She also worked as an attorney in private practice at Prichard, Hawkins, McFarland & Young LLP. She is and has been a member of several legal bar associations, committees and civil groups. Judge Barnard received her J.D. from St. Mary’s University School of Law, and as a student, she was an intern for Justice John Cornyn on the Texas Supreme Court and Judge Charles Baird on the Texas Court of Criminal Appeals. Upon graduation, she served as a briefing attorney for Justice Orlando Garcia on the Texas Fourth Court of Appeals as well as a federal law clerk when he became a U.S. District Judge for the Western District of Texas. Prior to law school, Judge Barnard was a high school English teacher after receiving her undergraduate degree in Political Science and English from Texas A&M University Commerce. She also worked in insurance and banking. Judge Barnard is married to her high school sweetheart Dr. Gary Barnard PhD, Clinical Psychologist. They have two children, a married daughter and married son, as well as four grandchildren.

Source: txcourts.gov

Opinions by Judge Barnard (2)

Amount in Controversy ×
2026 Tex. Bus. 25 Jurisdiction & Remand May 12, 2026

Business Court Denies Plea to Jurisdiction in Real Estate Development Indemnity Dispute, Applying Traditional Amount-in-Controversy Analysis

In Pradera SFR v. American Housing Ventures, Division 4 denied defendant's plea to the jurisdiction challenging whether plaintiff's indemnity and contract reformation claims arising from a copyright infringement settlement satisfied the $5 million amount-in-controversy threshold under Section 25A.004(d). The opinion applies Texas's well-established plea-to-jurisdiction standard to determine the Business Court's subject-matter jurisdiction over claims tied to a single-family rental development project and subsequent settlement agreement.

Section 25A.004 Amount in Controversy Plea to the Jurisdiction Real Estate Indemnification Opinion PDF ↓
2025 Tex. Bus. 11 Jurisdiction & Remand March 11, 2025

Sham Pleading Standard Requires Evidence of Fraud to Challenge Amount in Controversy

In ET Gathering & Processing LLC v. Tellurian Production LLC, Judge Barnard denied Tellurian's plea to the jurisdiction challenging whether the amount in controversy exceeded the Business Court's $10 million threshold, holding that Tellurian failed to produce evidence that ET Gathering's jurisdictional allegations were fraudulent or a sham. The court reaffirmed that under Texas's plea to the jurisdiction standard, a plaintiff's pleadings are determinative unless the defendant specifically proves the amount was pleaded merely as a sham for the purpose of wrongfully obtaining jurisdiction.

Section 25A.004 Oil & Gas Amount in Controversy Plea to the Jurisdiction Sham Pleading Opinion PDF ↓