Dinner with the Judiciary – Insights on the Texas Business Courts

Ian Phillips authored this blog for Strictly Business Texas. To view on their website, please click here.

On September 17, 2024, the Dallas Association of Young Lawyers hosted a dinner with a distinguished panel of judges to discuss the newly established business courts in Texas. Moderated by Jonathan R. Childers, the panel included Judge Andrea K. Bouressa (Business Court, 5th Division), Judge Bill Whitehill (Business Court, 5th Division), and Justice Scott Field (15th Court of Appeals), each sharing valuable insights on the structure and operations of these specialized courts.

The Purpose and Progress of Business Courts

The primary aim of Texas’ business courts is to ensure that complex commercial disputes receive the time and attention they deserve. As Judge Bouressa emphasized, these cases are often fascinating and crucial for the state’s economic welfare. After 17 days in operation, Judge Bouressa encouraged the legal community to start filing cases, as she has yet to be assigned one. Justice Field shared that cases filed on or after September 1 will be transferred to the 15th Court of Appeals.

Judge Whitehill indicated that his court will eventually operate from Carr Collins Hall at SMU Dedman School of Law, while Judge Bouressa is temporarily leasing space, with the goal of moving to the Collin County Courthouse after its expansion is completed. The Fort Worth business court will be located at Texas A&M’s law school, and the Houston business court is setting up with the 1st and 14th Courts of Appeals. Justice Field mentioned there is space in the Texas Capitol Building for the 15th Court of Appeals, though it will take time to renovate. He also noted that the 15th will be a traveling court.

Developing Local Rules and Jurisdictional Insights

As the business courts develop, the judges are creating local rules and internal procedures. These courts will provide attorneys with the opportunity to gain their judges’ attention early in the case. Judge Bouressa assured attendees that she would provide trial dates, deadlines, and rulings, emphasizing the importance of mutual trust in the attorney-judge relationship. In Judge Whitehill’s court, clients must attend the first scheduling conference.

Justice Field discussed that decisions from the Texas Supreme Court will serve as binding authority. However, rulings from other courts, such as Delaware’s Chancery Court, will only offer persuasive guidance. (Editor’s note: Strictly Business has previously discussed the issue of precedent, which you can find here.)

Practice Tips and Strategy

The panel offered practical advice for lawyers working with the business courts. Judge Whitehill highlighted the significance of preliminary discussions before non-dispositive motions and mentioned a 750-word limit for such motions. This provides an excellent opportunity for attorneys to become experts in the new discovery rules and adjust their strategies accordingly. The panel also discussed mediation and ADR, with Judge Bouressa expressing her openness to ADR but leaving it to attorneys to decide when to utilize it, requiring only that it occur before trial.

Jury Trials and Technology

Jury trials will still occur in the county where proper venue exists, with the same jury pool and process. However, the fee structure for jury trials in business courts may vary. Judge Bouressa expressed her preference for in-person hearings, believing that Zoom discourages proper communication between parties. Conversely, Judge Whitehill was optimistic about the use of advanced technology in the courts, which he believes will streamline processes and eliminate artificial barriers.

Preparing for Success in Business Courts

Each of the panelists left the audience with final words of wisdom. Judge Whitehill stressed the importance of being prepared, while Judge Bouressa encouraged attorneys to dive into this new legal terrain. She reminded attendees that this system is new for everyone, and regardless of their level of experience, attorneys are on equal footing in business court. Diligence and boldness will be key to success. Justice Field emphasized the unique statewide jurisdiction of the 15th Court and the opportunity for lawyers to gain valuable experience, including potential first appellate arguments.

The discussion offered an enlightening overview of Texas’ evolving business courts, providing invaluable insights for attorneys looking to navigate these new waters.