The able David Gunn has written a provocative article in the Baylor Law Review about damages under Texas law for fraudulent inducement claims. While that topic has been the subject of considerable and thoughtful attention by the Texas Supreme Court in recent years, his article points out that those opinions don’t fully mesh with the supreme court’s emphasis on horizontal stare decisis / orderliness — and much older cases from that court on that topic in years past.

This question is particularly relevant as the new business courts and 15th Court of Appeals work to identify their controlling precedent, a process that I’ve analyzed in this short article.

The U.S. Eventing Association escaped personal jurisdiction in Texas when the plaintiff’s jurisdictional argument didn’t align with its live pleading, either in substance, or in relationship to the elements of the pleaded claims (the Moki Mac “operative facts” requirement). The Fifth Court also emphasized that the Association’s relevant decisionmaking occurred in Pennsylvania, and other allegations involving Texas activity involved the unilateral acts of other parties. US Eventing Association v. Pegasus Eventing, No. 05-23-01287 (Aug. 5, 2024) (mem. op.).