Texas Business Court Decision – January 6, 2026

No. 25-BC01A-0050   Sun Metals Group, LLC. v. Shuangcheng Yu, et al. (Division One, Judge Bouressa)  25-bc01a-0050-sun-metals-group-v-yu-2026-tex-bus-1.pdf

Motion for Reconsideration/Permissive Appeal. On December 5, 2025, the Business Court remanded this case to the District Court on untimeliness grounds – see Sun Metals Grp. v. Yu, 2025 Tex. Bus. 48 (1st Div. 2025), where the court held that the 30-day removal window opened when plaintiff filed its third amended complaint making evident that the amount of damages plaintiff sought, together with defendant’s counterclaims, exceeded the $5 million jurisdictional threshold and closed before defendant removed the case to this court. Defendants move for reconsideration based on an argument that certain claims were “supplemental” and should not have been considered in determining the amount in controversy; however, this court has repeatedly held that an “action” encompasses all claims and counterclaims, and none of the claims here were subject to statutory “carve outs;” thus all claims were part of the action subject to removal under the jurisdictional grant of Sec. 25A.004(g), and the court did not err in calculating the cumulative value of all joined parties’ claims. The court declines defendants’ request for permission to file an interlocutory appeal, as the dispute is not about a question of law for which there is a substantial ground for difference of opinion, as the other divisions of the Business Court have applied the same definition of “action” to mean the entire case, not just discrete claims therein; further, an interlocutory appeal would not materially advance the termination of the litigation, as neither remand nor removal resolves the claims in the case.