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Business Courts.....In the Beginning
In 1995, under the leadership of then Chief Judge Judith Kaye, New York State established. the Commercial Division of the Supreme Court. Upon its creation, the Commercial Division was one of the first state court trial divisions. devoted entirely to business cases. Fast forward almost 20 years Iater. The success of the Commercial Division can be measured by the depth and breadth of the cases over which its judges preside, the active and innovative management·techniques employed by individual judges to manage cases of ever~increasing complexity, and the desire of nearly all counsel who are litigating a business case to have their matter heard in the Commercial Division.
The new Texas Business Court: What it is and how to use it
By Eversheds Southerland. With Governor Abbott signing House Bill 19 into law on June 9, Texas joins more than two dozen US states with a specialized business court system designed to preside over specific high-value business and commercial disputes. Although HB 19 is scheduled to go into effect on September 1, 2023, the new business courts will not open until September 1, 2024. HB 19 will undoubtedly reshape the litigation landscape for business and commercial cases in Texas.
Countdown to Business Courts: Six Must-Know Rules
Gov. Greg Abbott signed HB 19 into law last summer, officially creating the hotly anticipated Texas business court. The new court — which is set to open its doors Sept. 1, 2024 — has been top of mind for Texas trial lawyers ever since. Now, the Texas Supreme Court has proposed the first set of procedural rules that will apply in the business court, bringing clearer focus to the business court vision. Commercial trial lawyers should now be better positioned to advise their clients on the particulars of this new forum.
Preliminary Approval of Amendments to the Texas Rules of Appellate Procedure Related to the Fifteenth Court of Appeals
As promulgated by the Texas Supreme Court (Docket No. 24-9005)
15th Court of Appeals is Constitutional per the Texas Supreme Court
Attached please find a 39 page unanimous Texas Supreme Court decision affirming the constitutionality of the 15th Court of Appeals.
Amendments to the TRCP, Canon 6, and RJA to accommodate the Texas Business Court have been made
The Texas Supreme Court on June 28, 2024, finalized amendments to (i) the Texas Rules of Civil Procedure (TRCP), Canon 6 of the Code of Judicial Conduct, and Texas Rules of Judicial Administration (RJA) to accommodate the opening of the Texas Business Court and (ii) the Texas Rules of Appellate Procedure (TRAP) to accommodate the opening of the Fifteenth Court of Appeals, which are set to begin receiving cases on September 1, 2024.
Initial Judges Appointed to Five Divisions of the Texas Business Court
Governor Abbott this week announced appointments of the initial judges of the Texas Business Court, created by the 2023 Texas Legislature’s enactment of H.B. 19. The Business Court will begin receiving newly filed cases on September 1, 2024. Pursuant to Art. IV, Sec. 12 of the Texas Constitution, the appointments are effective immediately but are subject to confirmation by a two-thirds vote of the Texas Senate when it next convenes. The judges were appointed to terms that will expire on September 1, 2026, at which time they will be eligible for reappointment by the Governor for successive two-year terms.
Texas Business Courts
Texas in 2023 created a new system of specialty trial courts (“Business Courts”) to hear significant business related disputes and a special intermediate court of appeals to hear appeals from Business Courts. Legislation to create such courts was passed by the 88th Texas Legislative Session which ended on May 29, 2023 and was signed on June 9, 2023 by Governor Greg Abbott. The Business Courts were created by House Bill 19 (“HB 19”)1 as a new chapter 25A (“§ 25A.001 et seq” or “Chapter 25A”) to the Texas Government Code (the “Government Code” or “Gov. Code”) with judges to be appointed by the Governor with the consent of the Senate. A separate bill (“SB 1045”) amended § 22.201 of the Government Code to create a Fifteenth Court of Appeals (“15th Court of Appeals”) to hear appeals from Business Courts. Both HB 19 and SB 1045 became effective September 1, 2023, but became operational only for actions commenced on or after September 1, 2024 to allow time for the appointment and confirmation of their judges and adopt procedural rules for the operation of the courts.