How Elon Musk, Tesla and SpaceX could test Texas business courts

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Gov. Greg Abbott, who appoints the judges on the new business courts, says the courts will lure companies to Texas.

Elon Musk’s recent decision to reincorporate Tesla and SpaceX in Texas was exactly the scenario Gov. Greg Abbott envisioned when he made the case last year for a new court system designed exclusively for businesses. 'People will be coming here so fast, so furious, I'm going to have to build a wall on the north, east and west of the state of Texas to keep people from storming into our state,' Abbott said as he pushed the Legislature to pass a law establishing the business courts.

New Texas courts for businesses, state agencies face backlash Abbott signed that law in June, and, less than a year later, Musk announced he was ditching Delaware, home to the oldest business courts in the nation, for Texas, home to the newest. But experts are skeptical that many will follow — at least any time soon. That’s largely because of the close control Abbott has over the courts.

Texas says SpaceX deal will create a new park. But the land was already targeted for conservation Legal experts and critics of the move say it’s likely only a matter of time before one of Musk’s businesses — most of which are now based in Texas — winds up in the new courts and presents an early, high-stakes test. Brian JM Quinn, a business law professor at Boston College, called the Abbott-Musk dynamic a “recipe for disaster.

 

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