The McLauchlan Law Group is before the Texas Supreme Court on novel issue regarding the constitutionality of a Texas law governing the relationship between Dealers and Suppliers/Manufacturers who operate in Texas. The issue concerns the retroactive nature of the Dealer Act on a long standing oral at will agreement between the parties. The case went to trial in federal court in Houston before District Court Judge, the Honorable Nancy Atlas. The firm prevailed at trial on behalf of its Supplier/Manufacturer client Survitec Survival Products, Inc. on grounds that the Dealer Act was unconstitutionally retroactive as to this agreement because its terms would nullify the agreement. The case was then appealed by the dealer to the Fifth Circuit Court of Appeals. The Fifth Circuit Court of Appeals elected to “certify” the Texas constitutional law question on retroactivity to the Texas Supreme Court. The issue before the Court has drawn the attention of the Texas Attorney General and a leading trade group who each have filed Amicus briefs on the issues.
The Texas Supreme Court heard oral argument on the case on March 22, 2022. For more information see the briefs that have been filed in the case as well as Judge Atlas’s trial court ruling by following this link: https://mclauchlanlawgroupllc.box.com/s/ejnakhqqwqjepb7f89fm4q48pmhgn5oj