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Judge Bernard rejects plea to jurisdiction claiming amount in controversy pleaded by plaintiff was a sham.

  • Writer: Amy Prueger
    Amy Prueger
  • Mar 13
  • 1 min read


On March 12, 2025, Judge Bernard with the Fourth Business Court Division issued an opinion denying the plea to the jurisdiction filed by Defendant Tellurian Production LLC in Cause No. 24-BC11A-0028, ET Gathering & Processing LLC v. Tellurian Production LLC.


The defendant alleged the amount in controversy pled by plaintiff was merely a sham for the purpose of wrongfully jurisdiction in the Business Court.


The Court, relying on well-established plea to the jurisdiction jurisprudence, that a court “generally will not look behind such pleadings absent evidence that the amount pleaded is fraudulent.” The Court rejected defendant's claim that the plaintiff's pleading in Business Court was fraudulent because plaintiff previously filed in district court but non-suited and re-filed in Business Court. In the absences of a sham pleading, the Court determined the allegations

in the pleadings supported jurisdiction in the Business Court.


For the full opinion, please see:


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