Primary Jurisdiction in Texas: Has the Texas Supreme Court Clarified or Confused It?
Bennett, J. Bruce
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This article identifies and discusses the jurisdictional principles that should be considered in answering whether a court case must be abated while an agency decides an issue that affects one or more of your client’s claims for relief. First, it explains the nature of an agency’s jurisdiction, and it discusses the “primary jurisdiction” doctrine and “exhaustion doctrine”. It also examines recent decisions of the Supreme Court of Texas related to primary jurisdiction.