AZA partner Todd Mensing noted in Texas Lawyer that the Texas Business Court has established its credibility 18 months after its initial launch. Litigators describe the specialized venue as a fast-paced competitor to Delaware’s Court of Chancery. However, despite surging case volumes and written opinions, the court is currently tackling early infrastructure hurdles and potential judicial turnover.   

“In state court, where courts are impacted by very heavy dockets, it can just take a long time to get to trial, through nobody’s fault, but that causes parties to have litigation fatigue,” Mr. Mensing said. “It’s expensive, and it can cause cases to settle that probably shouldn’t. Whereas in the business courts, you don’t face that litigation fatigue and mounting economic toll in the same way that can skew the decision on whether to settle or try the case.” 

Read the full story in Texas Lawyer here.