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Bell Nunnally Files First Case in Texas Business Court History

26 Sep 2024 North America

Multiple media outlets reported last week that Bell Nunnally, led by Partner R. Heath Cheek, Senior Associate Nathan Cox and Associate Jason Elgersma filed the first-ever case in the newly-formed Texas Business Courts. The story was featured in Texas LawbookLaw360Texas Lawyer and Bloomberg Law.

The Texas Business Court is a statewide, specialized trial court created to resolve certain complex business disputes. It is the result of legislation passed by the Texas Legislature with the intent of more swiftly and effectively adjudicating business disputes and aligning the state with pro-business jurisdictions with business courts in place, such as Delaware. The Business Court became operational on September 1, and Cheek and Cox filed their case as soon as the court’s portal opened.

“Throughout our 40+ year history, Bell Nunnally has been at the leading edge of sophisticated complex litigation in Texas, and we look forward to pioneering this important new court system for all persons who seek to do business in Texas,” Cheek said.

In the Law360 article “Construction Disputes Mark Opening Of Texas Biz Court,” Cheek noted that, for his and Cox’s inaugural matter, the Business Court and its process would likely be mutually beneficial to both sides in the dispute, “We thought this was just a perfect case to be heard before the business court, not just for us, but we feel like both sides will benefit from it. How [the court] structured and how it’s set up to deal with this — quicker decisions, getting reasoned awards, written decisions rather than just pro forma one-line decisions like you normally get in state court …  we just felt like the structure was better.”

Prior to the opening of the courts, Cheek and Cox have written and spoken about them for organizations and media outlets, including Associate of Corporate Counsel (ACC) and Texas Lawyer.