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Barger in Law360: Texas Biz Court Costs Unlikely To Be Prohibitive

August 07, 2024

Haynes and Boone, LLP Counsel Heather Barger was quoted in a Law360 article after the Texas Supreme Court announced the fee schedule last week for the business court, which is set to begin taking certain complex business disputes filed after Sept. 1 in which the amount in controversy exceeds $5 million. Several phases of litigation will be more costly for business court parties, including a $50 fee for certain motions and a jury fee minimum of $300.

But given that disputes in the business court will have multiple millions of dollars at stake, the initial barrier to entry, a $2,500 filing fee, is much more than filing a lawsuit in state district courts, which have concurrent jurisdiction with the business court. In Bexar, Dallas and Harris counties, initial filing fees in civil district court are around $350. Civil actions in federal court, meanwhile, initially cost $405.

"It's a sizable difference," said Barger, a member of Haynes Boone's Texas Business Courts Task Force. "That said, the cases that I think are going to be brought in the business courts ... there's going to be a lot more at stake."

To read the full article in Law360, click here.

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