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October 12, 2026
3 minute read
Since opening in September 2024, the Texas Business Court has rapidly developed a substantial body of written opinions addressing a wide range of issues important to business litigants. The Court is a specialized forum designed to hear certain categories of complex business disputes, including many cases involving more than $5 million in controversy and matters involving publicly traded companies. As the court concludes its second year, several trends have emerged that provide valuable guidance to companies, counsel, and parties considering whether to litigate in Texas’ newest specialized court.
Perhaps the most significant development is the growing body of precedent addressing Business Court jurisdiction. As with any newly created court, early cases have necessarily required judges to interpret the statutory framework governing which disputes belong before the court and which remain in Texas district courts. Those decisions provide increasing clarity and predictability for litigants, while laying the foundation for the court's continued growth.
Jurisdictional Clarity Continues to Develop
The Texas Business Court was created by the Legislature to hear specified categories of complex business disputes. Because the court's jurisdiction is defined by statute, practitioners have naturally sought judicial guidance concerning the scope of that authority.
Over the past two years, the court has issued numerous opinions addressing removal, remand, jurisdictional challenges, and related procedural issues. Those decisions have helped define the contours of the court's authority and provide a roadmap for future litigants evaluating whether a dispute may properly proceed in the Business Court.
For businesses and their counsel, this growing body of precedent is increasingly valuable. Rather than litigating in an environment of uncertainty, parties now have a meaningful collection of opinions that address many of the jurisdictional questions that arise in Business Court practice.
Forum Selection Continues to Be a Key Strategic Consideration
The Business Court's opinions also demonstrate the importance of forum selection in complex business disputes. Questions regarding removability, statutory eligibility, and the proper forum for particular claims frequently arise at the outset of litigation and can significantly affect case strategy.
As the court's jurisprudence has expanded, parties have received greater guidance regarding the circumstances under which disputes may proceed in the Business Court. This increased predictability benefits litigants on both sides of a dispute by allowing earlier and more informed assessments regarding jurisdictional issues.
The resulting precedents are becoming an important resource for practitioners advising clients on filing strategy, risk assessment, and litigation planning.
Business Court Judges Are Interpreting a New Statutory Framework
One of the most significant contributions of the court's early opinions has been the interpretation of the governing statutes themselves. Through Chapter 25A of the Government Code, the Texas Legislature created a detailed jurisdictional structure. Judicial interpretation has been necessary to answer questions that could not be fully anticipated at the time of enactment.
In addressing those issues, the court is developing what will likely become the foundational jurisprudence governing Business Court practice for years to come. These opinions help define how the statutory provisions operate in practice and how litigants should evaluate jurisdictional requirements before filing suit.
As more foundational interpretive opinions are issued, this body of law will continue to mature and provide further certainty to the business community.
High-Volume Divisions Are Playing an Important Role
The Dallas and Houston divisions have generated a substantial number of the court’s written opinions to date, reflecting their status as the originating division for more than 50% of Business Court filings. Their decisions have contributed meaningfully to the court’s developing jurisprudence and have provided guidance for practitioners throughout the state.
As caseloads continue to grow across the operational divisions, litigants can expect an increasingly robust body of Business Court precedent. The continued expansion of the court’s case law addressing both jurisdictional and substantive issues will benefit businesses seeking predictability in the resolution of complex commercial disputes.
Looking Ahead
The Texas Business Court's first two years have produced a substantial and growing body of precedent that is shaping practice in the new forum. The development of jurisdictional jurisprudence is a natural and important stage in the evolution of a specialized court. By clarifying the scope of its authority and providing guidance on procedural issues, the court is creating a more predictable environment for future litigants.
At the same time, the court continues to issue decisions addressing a variety of substantive business-law issues, and its body of commercial jurisprudence will undoubtedly continue to grow in the years ahead. For practitioners and businesses alike, the court's first two years demonstrate that the Texas Business Court has become an increasingly significant part of the state's litigation landscape.
Michael Best's Texas Business Court Specialists
The Texas office of Michael Best & Friedrich LLP has developed a dedicated focus on practice before the Texas Business Court. Our team combines deep commercial litigation experience with firsthand knowledge of the Court's procedures and operations. Notably, Owen Parmer (Associate, Austin) has joined the Michael Best team after serving as the first staff attorney to Judge Patrick K. Sweeten of the Austin Division, providing him with unique insight into the Court's practices and procedures during its formative years.
If you are considering bringing a case in the Texas Business Court or have been sued in the Texas Business Court, we would welcome the opportunity to discuss your matter. Please contact Katie Fillmore (Partner, Austin) at 512-320-0601 or katie.fillmore@michaelbest.com.
This article is part of an ongoing series addressing practice and developments in the Texas Business Court.
