Texas Lawyer recently reached out to litigators including Bailey Brauer’s Jared Wilkinson to discuss their verdict on how the Texas Business Court has performed during its first 18 months of operation.
Mr. Wilkinson, who closely tracks the court’s opinions, praised the consistency of the rulings, saying, “The judges are enforcing the language of the parties’ agreement to give them the benefit of their bargain, good or bad. Whether you struck a good agreement or a bad one, they’re enforcing your agreement.”
Mr. Wilkinson also emphasized that the court is quickly and efficiently resolving the complex disputes on its docket, disposing of cases in a matter of months rather than years.
However, the court is still evolving, with issues including the lack of permanent, dedicated courtrooms in several divisions and other logistics still being sorted out. The impact of the two-year judicial term structure presents a “real-time test” for the court, as its original slate of judges is up for reappointment this September.
“Two years is not a very long term, which runs the risk of there being high turnover on the court,” he said. “If you’re a party considering filing and you know that a judge’s appointment is up in six months, do you want to file in the business court? Do you want to have a new judge come in mid-case and have to get up to speed?”
Also, by September, the final six divisions of the court may have judges appointed and hearing cases, bringing the total number of Texas Business Courts to 11.
That expansion, paired with the lowered jurisdictional threshold, means the court’s docket will likely keep growing, he explained, and with it, a test of whether the speed attorneys have praised can hold up at scale.
To read “The Texas Business Courts Are Working, Litigators Say, With a Few Caveats” visit Texas Lawyer (subscription required).