Post-Effective-Date Joinder of Publicly Traded Defendant Does Not Confer Removal Jurisdiction Over Pre-Effective-Date Actions
Read the Court's Opinion (PDF)
Judge Sofia Adrogué
In Case No. 24-BC11A-0013, the Texas Business Court entered an order on February 25, 2025, in a dispute involving Cypress Town Center, Ltd. and Kimco entities. The filing represents one of the early jurisdictional determinations by the newly established Business Court, though the substantive content of the court's ruling has not been made publicly available.
Court Staff Summary
This opinion addresses the removability of actions to the Texas Business Court that were filed in the district court before September 1, 2024, where a publicly traded company was joined as a defendant in the underlying case after September 1, 2024, and Defendants filed an opposed notice of removal within thirty days of the publicly traded defendant’s joinder. The Court concludes that it lacks subject-matter jurisdiction over this action because Section 8 of House Bill 19 limits the applicability of Texas Government Code Chapter 25A to “civil actions commenced on or after September 1, 2024.”
Case Filing and Procedural Information
On February 25, 2025, an order was filed and entered in the Business Court of Texas in Case No. 24-BC11A-0013, styled Cypress Town Center, Ltd. v. Kimco Realty Services, Inc., Kimco Developers, Inc. The filing was processed by Beverly Crumley, Clerk of the Business Court.
Significance for Texas Business Court Practice
This case represents one of the early matters processed through the Texas Business Court, which became operational on September 1, 2024, pursuant to House Bill 19. The case number prefix "24-BC11A" indicates the matter was docketed in the 11th Division of the Business Court during 2024.
Limitations on Available Information
The publicly available source materials for this case consist only of the clerk's filing stamp and case style. The substantive content of the court's February 25, 2025 order, including any legal analysis, factual findings, or holdings, has not been made available for review. Accordingly, no conclusions can be drawn regarding the specific legal issues addressed, the court's reasoning, or the practical implications of the ruling for Texas commercial litigation practice.