SMU Corporate Governance Initiative · Hilltop Forum on Capital Markets
The Hilltop Docket
Issue No. 17 · Monday, September 7, 2026 · Week in review
Issue No. 17 · Monday, September 7, 2026 · Week in review · Covering August 30 – September 5, 2026.
For three consecutive weeks the Texas Business Court’s opinion register has not moved. The last citation on it, 2026 Tex. Bus. 60, was signed on August 17 — twenty-one days before this issue goes to press. Read alone, that number invites the wrong inference. The court’s intake tells the opposite story: in the five business days of this coverage window, eight new petitions were filed across four divisions, six of them into the Eleventh Division alone, and one of them naming a national health insurer as defendant to the University of Texas MD Anderson Cancer Center. A court that publishes nothing for three weeks is not necessarily a court with nothing to do. This issue reports what the docket did while the register stood still — and is careful, throughout, about the difference between the two.
The filing week · eight new petitions
The table below is the week’s new Business Court intake as the docket record states it. Every row carries a case style, a cause number, a division, a presiding judge, a case type and a filing date, and every one of those fields is copied from the court records system rather than characterized. No petition below has been read. Nothing here describes what any party alleges, what any claim is worth, or how any matter is likely to come out; a new petition is one side’s account of a dispute and no court has yet said anything about any of them.
These rows were derived this morning directly from the re:SearchTX saved-search alert notices delivered to this publication’s dedicated research inbox — Tyler Technologies’ own push channel for the Texas court records system. They were not derived from this publication’s docket_alerts.json, which carries a generation stamp of August 22, 2026 and therefore contains none of them.
That is a change of method, and it is deliberate. Issues No. 15 and No. 16 both went to press without new-petition coverage that the alert channel had already delivered, because the build read the derived feed rather than the source. Reading the alerts directly is the correction. It is recorded here so that a reader can see which channel a given figure rests on.
Cause-number links go to the Texas court records search; a login may be required. Case styles are reproduced as the records system renders them, including two rendering artifacts flagged in the notes.
| Filed | Style | Cause · division | Judge | Case type |
|---|---|---|---|---|
| Mon Aug 31 |
Junction Resources Operating, LLC v. Foss Energy Services, Inc. | 26-BC01A-0075 1st Div. (1a) |
Bouressa | Other Civil |
| Tue Sep 1 |
Rivers v. Hiltl — Chris Rivers v. Bernd “Ben” Hiltl and The Hiltl Family Trust | 26-BC11A-0093 11th Div. (11a) |
Adrogué | Partnership |
| Tue Sep 1 |
Medici Technologies, LLC v. Pathway Healthcare Partners, LLC, Pathway Healthcare, LLC, Pathway Healthcare Services, LLC, and Scott Olson | 26-BC03A-0032 3rd Div. (3a) |
Andrews | Debt/Contract — Consumer/DTPA |
| Wed Sep 2 |
Caliber Sol, Inc., Caliber Solutions, LLC, XCV Partners, LLC, and Novar Solutions, LLC v. Martin McGuffin | 26-BC11B-0094 11th Div. (11b) |
Dorfman | Debt/Contract — Other |
| Thu Sep 3 |
McNeil v. D’Sylva — Casey McNeil v. Paul D’Sylva, REEcycle Holdings, Inc., McMullen Mick, Rare Resource Recycling Inc. d/b/a REEcycle Inc., and REEgenerate Pty Ltd. | 26-BC11A-0095 11th Div. (11a) |
Adrogué | Debt/Contract — Other |
| Thu Sep 3 |
Houston Oilfield Equipment, Inc. and Valveworks USA, Inc. v. R&S Oilfield, Inc., Bharat Patel, Michael Latimer, and Elite Choke Supply, LLC | 26-BC11A-0096 11th Div. (11a) |
Adrogué | Other Injury or Damage |
| Thu Sep 3 |
BRHG TX-1, LLC v. PV Homes, LP and PV Texas Homes, LLC | 26-BC03B-0033 3rd Div. (3b) |
Sweeten | Tortious Interference |
| Fri Sep 4 |
The University of Texas, MD Anderson Cancer Center v. UnitedHealthcare of Texas, Inc. | 26-BC11A-0097 11th Div. (11a) |
Barnard | Debt/Contract — Other |
Two rendering notes, so the table can be checked against its source. The alert notice for 26-BC11A-0093 renders the individual defendant’s surname as “Hltl” in the case title while rendering the trust as “The Hiltl Family Trust” in the same row; we print “Hiltl” for both and flag the discrepancy rather than silently choosing. The alert notice for 26-BC11A-0095 returns the surname “D’Sylva” with the apostrophe replaced by substitution characters, a transport-encoding artifact of the notice rather than a docket entry; we print the ordinary spelling. Anyone relying on either style should confirm it against the docket of record.
The one that will be read outside Texas
Of the eight, The University of Texas, MD Anderson Cancer Center v. UnitedHealthcare of Texas, Inc. is the filing most likely to draw attention beyond the Business Court bar. A state-owned academic cancer center has brought a contract action against a national commercial health insurer’s Texas entity, in a court built for large commercial disputes, and drawn Judge Barnard in the Eleventh Division. That is the whole of what the record establishes today. Whether the dispute concerns reimbursement, network participation, claims administration or something else is not something the case-type field can tell you, and this publication has not read the petition. We flag it because readers of the Docket should know it was filed, and we will treat it when there is a ruling to treat.
A cancer hospital owned by the State of Texas has sued a health insurance company. That is nearly all anyone can responsibly say right now. A lawsuit begins when one side files a document saying what it thinks happened; the other side has not answered and no judge has ruled. The case is worth noting because of who is on each side and because of where it landed — the Business Court is the venue Texas created in 2024 for exactly this scale of commercial dispute. It is not yet worth drawing conclusions from.
Six petitions in eight days · the Eleventh Division
The distribution is the part of this week’s intake that is checkable without reading a single pleading. Of the eight new petitions, five landed in the Eleventh Division — four in 11a and one in 11b. Add Brigham v. Shepard, filed into 11b on August 28 and reported below, and the division’s cause numbers run 0092, 0093, 0094, 0095, 0096, 0097 — six consecutive numbers assigned across eight calendar days, with no gap in the sequence and no number in that run assigned elsewhere.
Three of those six were assigned to Judge Adrogué, two of them on the same day. On Thursday, September 3 the court took three petitions in total: two into the Eleventh Division and one into the Third.
A contiguous run of cause numbers within one division is a statement about where petitions were filed, not about how the court allocates work. The Eleventh Division sits in Houston and covers the state’s largest concentration of commercial defendants; a filing-side concentration there is the expected shape of the data, not a finding about it. One week of intake is also far too short a series to support any claim about a trend. What the run does establish is narrower and still worth having: the division’s intake was continuous through this window, and the numbering carries no gap that would suggest a filing missing from this publication’s view of it.
Filed earlier, reported now
Three Business Court petitions belong in this publication’s record and were not in it. Two were filed on August 28 and alerted on August 29, before Issue No. 16 was written; one was filed on August 17 and has now been outstanding across two issues. They are set out here in full, and the reason they were late is set out with them.
| Filed | Style | Cause · division | Judge | Case type |
|---|---|---|---|---|
| Mon Aug 17 |
Cadence McShane Construction Company, LLC v. San Antonio Housing Facility Corporation | 26-BC04B-0017 4th Div. (4b) |
Sharp | — |
| Fri Aug 28 |
Ben Brigham v. Gregory M. Shepard | 26-BC11B-0092 11th Div. (11b) |
Dorfman | Other Civil |
| Fri Aug 28 |
Continent Communications, LLC and Continent Com Operating, Inc. v. VTX Communications, LLC and Valley Telephone Cooperative, Inc. | 26-BC08A-0028 8th Div. (8a) |
Bullard | Debt/Contract — Other |
Brigham and Continent Communications were alerted to this publication’s research inbox on the evening of Friday, August 29 — before Issue No. 16 was written. This is therefore not a case of a record that arrived after we went to press. The notices arrived, and the build did not read them, because it read a derived feed that had last been generated on August 22. Cadence McShane was available earlier still and has now been missed twice.
The cause was structural rather than incidental: the saved searches that feed the alert channel are scoped broadly enough that Business Court rows arrive interleaved with a much larger volume of intermediate appellate matters, and the weekly build had no step that required reading them. Reading the alert notices directly, as this issue does, is the first half of the fix; re-scoping the saved searches to the Business Court divisions is the second half and remains open. It is carried below.
Consistent with this publication’s practice, Issues No. 15 and No. 16 are not amended. A dated issue is a publication of record and stands as it was published; the correction is made here, in the open, in the next issue.
For the record
The register shows no new opinions, for the third consecutive week. The Texas Business Court’s official opinions register was read on Monday, September 7, 2026. The highest citation on it is 2026 Tex. Bus. 60 — Unimacts Global v. Ayr Energy, 11th Div., signed Monday, August 17, 2026 — and no entry is numbered 61 or higher. That citation has stood unchanged across Issues No. 15, No. 16 and this one; twenty-one days have passed since it was signed.
Cross-checked in a second channel. Per this publication’s standing rule, a “no new opinions” statement is never made from a single fetch. The Dowd Bennett Texas Business Court blog, which posts a summary of each Business Court opinion as it issues, was read the same morning: its newest Business Court entry is dated August 18, 2026 and treats 2026 Tex. Bus. 60. Nothing has been posted there since. The two channels agree.
This is a statement about the register, not about the court. Opinions are posted on the court’s schedule, and an opinion signed during this window could appear on the register after this issue goes out. A quiet register is also not a quiet court: the eight petitions above were filed in the same period.
The opinions feed is twenty days behind the register. The canonical opinions.json carries a generation stamp of August 18, 2026. Its highest citation agrees with the register at 2026 Tex. Bus. 60 and it carries 123 records, so nothing published here is wrong because of the lag — but the stamp is a fact readers are entitled to. Because no opinion has issued above TB 60, the corpus matrix version was not incremented this week.
The docket-alert feed is sixteen days stale. docket_alerts.json carries a generation stamp of August 22, 2026 and contains none of the eleven petitions reported in this issue. That is why both tables above were built from the alert notices directly. The feed needs a run.
Dockets and calendar
The settings below were derived from the docket-alert export of August 15, 2026 and were published in Issues No. 15 and No. 16. They have not been re-derived since. The current docket_alerts.json carries no scheduled-setting field this publication’s build can read — its records key on filing date — so the forward settings are republished unchanged rather than refreshed, and the settings that have since passed are dropped rather than reported as though we had confirmed what happened at them. Every entry should be confirmed against the live docket before anyone travels.
| Date | Matter | Court · judge | Setting |
|---|---|---|---|
| Mon, Sep 14 9:00 a.m. | Plains Oryx Permian Basin Pipeline LLC, et al. v. Texas-New Mexico Pipe Line Company, et al. 25-BC11A-0030 · 2026 Tex. Bus. 29 | 11th Div. (11a) · Bullard | Pre-trial conference |
| Wed, Sep 16 9:00 a.m. | Cobalt Falcon, LLC v. AXS Investments, LLC 25-BC01A-0023 · 2026 Tex. Bus. 43 | 1st Div. (1a) · Bouressa | Bench trial |
| Mon, Sep 21 9:00 a.m. | Plains Oryx Permian Basin Pipeline LLC, et al. 25-BC11A-0030 | 11th Div. (11a) · Bullard | Bench trial |
| Thu, Sep 24 2:00 p.m. | Clean Hydrogen Works, LLC, et al. v. Denbury Carbon Solutions, LLC, Exxon Mobil Corporation, et al. 25-BC11A-0017 · 2026 Tex. Bus. 58 | 11th Div. (11a) · Adrogué | Pre-trial conference |
| Mon, Sep 28 9:00 a.m. | Clean Hydrogen Works, LLC, et al. 25-BC11A-0017 | 11th Div. (11a) · Adrogué | Trial on the merits |
| Mon, Sep 28 10:00 a.m. | Beard v. Beard 25-BC01B-0036 | 1st Div. (1b) · Whitehill | Jury trial |
| Wed, Sep 30 9:30 a.m. | Clean Hydrogen Works, LLC, et al. 25-BC11A-0017 | 11th Div. (11a) · Adrogué | Special appearance |
The sequencing anomaly first flagged in Issue No. 15 stands unresolved: the export places a special appearance in Clean Hydrogen Works on September 30, two days after a trial on the merits in the same matter. We print the export as it stands and flag it rather than quietly reordering it. Four settings recorded in the export fell within or just before this issue’s window — the PanOptis motion setting of August 31, the Cobalt Falcon pre-trial conference of September 2, and the Beard pre-trial conference of September 4. What occurred at any of them is not something this issue can state, and it is not stated.
Carried forward
- Re-scoping the alert searches. The saved searches deliver Business Court rows interleaved with a much larger volume of intermediate appellate matters. Reading the notices directly, as this issue does, closes the immediate gap; narrowing the searches to the Business Court divisions remains open and is the durable fix.
- Both feeds need a run.
opinions.jsonis stamped August 18 anddocket_alerts.jsonAugust 22. Neither lag has affected a published figure, and both are disclosed each week until they are cleared. - The eight petitions reported above, and the three reported late — all eleven now on the watch list for a first substantive order.
- The pending adviser suits over the Snap One and Couchbase transactions, treated in Issue No. 16 — no signed opinion read in either; cause numbers still to be obtained.
- The Daley claims in CAM Industrial Solutions remain live. No change on the register this week.
- Whether Jackson goes up — petition status still unconfirmed at press.
- A final judgment in Sri Shirdi — fee-ruling status still unconfirmed at press.
- Benjamin Edwards’s monthly Nevada and Texas reincorporation list for August — not confirmed as posted at this issue’s press time; to be cross-checked against the tracker cohort when it arrives.