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Comprehensive coverage of the Texas Business Court

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Dallas, Texas  ·  Complex Commercial Litigation

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Portrait of Hon. Melissa Davis Andrews

Hon. Melissa Davis Andrews

Judge · Seat 3A

Texas Business Court · Third Business Court Division (Austin)

Biography

Melissa Andrews is a judge on the Texas Business Court, where she serves in the Third Division in Austin, Texas. Judge Andrews is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. Before coming to the bench, she focused her legal practice on appellate briefing and oral argument, strategic dispositive motions, expert challenges, preservation of error, and jury charges. She has represented clients in the United States Supreme Court, the Supreme Court of Texas, several United States Courts of Appeals, and trial and appellate courts across the county. She also previously worked at the Supreme Court of Texas as an attorney for Justice Jeff Boyd and a law clerk for Justice Don Willett (now serving on the Fifth Circuit Court of Appeals), as well as at the First Court of Appeals as an attorney for Justice Harvey Brown. She is currently the immediate past Chair of the Austin Bar Association’s Civil Appellate Section. She also serves on the Texas Board of Legal Specialization’s Advisory Commissions for Civil Appellate Law as well as for Judicial Administration. She is a frequent CLE presenter and has authored several law review articles. She received her Juris Doctorate from the University of Texas School of Law, where she was a member of the Texas Law Review, served as a Teaching Quizmaster, and graduated with honors. She received her Bachelor of Science degree from Texas A&M University, where she graduated magna cum laude.

Source: txcourts.gov

Opinions by Judge Andrews (1)

Venue Selection Clause ×
2025 Tex. Bus. 1 Jurisdiction & Remand January 03, 2025

Business Court Clarifies Amount-in-Controversy Requirements for Injunctive Relief Under Section 25A.004(e) and Adopts Burden-Shifting Framework for Removal Challenges

In C Ten 31 LLC v. Tarbox, the Business Court held that Section 25A.004(e)'s grant of jurisdiction over actions seeking injunctive or declaratory relief incorporates the amount-in-controversy limits of the underlying subsections—here, Subsection (b)'s $5 million threshold. The Court adopted a burden-shifting framework in which the party moving to remand bears the initial burden of showing the pleaded amount is fraudulent or readily established otherwise, while the party asserting jurisdiction bears the ultimate burden of proof at trial.

Removal & Remand Section 25A.004 Amount in Controversy Injunctive Relief Burden of Proof Opinion PDF ↓