Hicks Thomas Secures Major Win at Texas Supreme Court

Ruling marks milestone in defining role of Texas’ new business court

Hicks Thomas LLP has secured a significant victory at the Texas Supreme Court in a closely watched case impacting the state’s new business court system.

The dispute arose from a $15 million jury verdict and final judgment in DeWitt County following a hard-fought trial involving a contractual dispute over oil and gas royalty payments.

Rather than appealing to the 13th Court of Appeals, the appellate court with jurisdiction over DeWitt County, the defendants attempted to take their case directly to the 15th Court of Appeals, which was established as part of the Texas business court system in 2023.

Hicks Thomas partners Steve Barrick, Gregg Laswell and Allen Rustay brought the issue to the Texas Supreme Court, arguing that the 15th Court did not have jurisdiction over the case. In a unanimous ruling, the justices agreed, ordering the case to be transferred to the 13th Court of Appeals.

“This decision helps get the case back to where it belongs and sets a crucial precedent,” said Mr. Barrick. “The court sent a clear message that helps prevent choosing preferred appellate venues. We are pleased with the ruling and the clarity that comes with it.”

The Supreme Court’s decision sets precedent amid the ongoing debate of the 15th Court of Appeals, which was created by the Texas Legislature to hear certain cases involving state agencies and constitutional challenges.

The Supreme Court’s opinion stated that “the Legislature did not intend the 15th Court to hear every civil appeal within its statewide jurisdiction." By granting the motion to transfer, the justices reaffirmed that cases should be heard in courts with direct ties to the originating jurisdiction.

The case is Devon Energy Production Company, L.P., et al. v. Robert Leon Oliver, et al. Case No. 15-24-00115-CV.

Founded in 1997, Texas-based Hicks Thomas LLP is a premier litigation firm representing plaintiffs and defendants across the nation. With offices in Houston, Austin, Beaumont, Amarillo, and Sacramento, California, the firm provides in-depth experience in cases involving oil and gas (upstream, midstream and downstream), construction, environmental, complex commercial, toxic tort, products liability, corporate governance, securities, banking, insurance coverage, transportation, trade secrets and general business litigation. Learn more: http://www.hicks-thomas.com.

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