When to certify

Originally published by David Coale.

“This case is a perfect example of when we should certify cases, and why certification is valuable. We are presented with a question of pure statutory interpretation on a recurring issue of interest to citizens and businesses across Texas. What’s more, it is a question that divided judges on this court. As reflected in our competing concurring opinions, different judges on this court have disagreed about whether the district court correctly interpreted the Texas Sales Representative Act (“TSRA”). But we all agreed that reasonable minds could differ. So rather than provide a partial answer—binding only litigants who file in federal court, not those in state court— we instead certified the question to the Supreme Court of Texas, which can speak with authority for all litigants, in state and federal court alike. We now have that answer, and accordingly affirm in part and reverse and remand in part.” JCB Inc. v. Horsburgh & Scott Co., No. 17-51023 (Oct. 17, 2019).

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