A Half-Open Door — HB 40’s MDL Implications
Although much has been said of HB 40’s newly effective changes to the Texas Business Courts’ jurisdiction, many may have overlooked HB 40’s revision to Section 74.162 of the Texas Government Code, which weaves the Business Court into the Texas framework for multidistrict litigation. At first blush, this amendment appears to open the door for the business courts to hear a wide array of consolidated MDL proceedings. But practitioners should remain mindful of two significant roadblocks that prevent parties from funneling MDL proceedings to the business courts.