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Law360

Mar 15, 2023

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Hurst Discusses Proposed State Business Court Plan with Law360

While some Texas lawmakers are calling for a specialized system of business courts in the state, many attorneys remain skeptical of the concept. Legislation introduced in both the House and Senate calls for the system to be presided over by seven governor-appointed judges, who would be required to issue opinions when deciding business issues with multi-million-dollar damage claims. In an interview with Law360, the firm’s Michael K. Hurst questioned the power and partisanship inherent in those features.

"If they're issuing an opinion on a procedural issue that would impact other courts around the state, that means that these judges have superpowers over all of the other courts. If we're saying that a business judge is going to decide big cases over $10 million, that's essentially undermining the judiciary that we have in place," he said. "It doesn't matter whether the governor's a Democrat or a Republican, partisan politics are going to be involved.”

Read the complete article featuring Mr. Hurst and other leading attorneys from across the state here (subscription required).