In an analysis of existing lawsuits being shifted into Texas’ new business courts, Law360 found the majority of the 23 cases already in the new system are primarily disputes involving energy or real estate companies.

In the article, LPHS partner Michael K. Hurst notes that removals to the new courts are still at the discretion of the presiding judge. "There's probably no restriction on it, but it's subject to the approval of the judge. It's going to be an open question…as to whether an old case can be removed in whole or in part to the business court." 

He says those procedures are potentially open to interpretation because of the lack of clarity in the statute that deals with initial filings and removals.

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