As noted in previous posts, the Texas Business Court began accepting cases on September 1, 2024. On October 30, the court issued its first opinion (authored by Judge Bill Whitehill), which addressed whether cases initiated before September 1, 2024 could be removed to the business court. The court concluded that based on the “plain text” of H.B. 19 (the statute that created the Texas Business Court), only cases initiated on or after September 1 are eligible for removal to the business court—cases that were commenced before that date are not.
More information can be found here, and the opinion may be found here: Energy Transfer et al. v. Culberson Midstream LLC et al.
Posted by Doug Toering and Matt Rose of Mantese Honigman, P.C.
