What are the requirements for Texas courts to have jurisdiction over out-of-state defendants?
This question has been addressed in 3 Texas court opinions:
Charles Austin v. Extruded Aluminum Corp.
COA01 — February 19, 2026
In this case, a plaintiff injured in a motor vehicle accident at a Texas worksite attempted to sue a Michigan-based manufacturer, arguing the company was subject to Texas jurisdiction because its employees had attended on-site safety training. The First Court of Appeals analyzed whether these contacts met the "nexus" requirement for specific jurisdiction—meaning the claim must arise out of or relate to the defendant's purposeful activities in the state. The court affirmed the trial court's dismissal of the company, holding that repairing defective products (the company's purpose in Texas) was not the "operative fact" of a vehicle accident, and incidental safety training did not create a substantial enough connection to satisfy due process.
Litigation Takeaway
“Physical presence in Texas does not automatically equal jurisdiction; to successfully join an out-of-state entity or spouse to a lawsuit, the 'operative facts' of your specific claim must be directly tied to their purposeful activities within the state.”
Moir Watershed Services, LLC v. Law Office of Heath Gurinsky, PLLC and Spencer Hofmann
COA10 — January 29, 2026
In Moir Watershed Servs., LLC v. Law Office of Heath Gurinsky, PLLC, a Texas-based company sued a New York law firm in a Texas court for legal malpractice and breach of contract. The New York firm challenged the lawsuit, arguing that Texas courts lacked personal jurisdiction over them since they were based in New York and the work was performed there. The Court of Appeals affirmed the dismissal of the case, holding that merely entering into a contract with a Texas resident does not establish the 'purposeful availment' necessary for jurisdiction. The court concluded that because the legal services were performed outside of Texas and the defendants did not specifically target the Texas market, they lacked the minimum contacts required to be sued in a Texas forum.
Litigation Takeaway
“Hiring an out-of-state attorney or expert for your legal matter does not guarantee you can sue them in Texas if something goes wrong. If their work is performed in their home state and they haven't purposefully reached into Texas to conduct business, you may be forced to litigate any malpractice or fee disputes in their jurisdiction, significantly increasing your costs and risks.”
Vodicka v. Tobolowsky
COA05 — February 23, 2026
In Vodicka v. Tobolowsky, a judgment creditor sought to satisfy a multi-million dollar judgment by garnishing the debtors' airline miles. The Dallas Court of Appeals addressed whether service was effective under Rule 21a, whether Texas retained jurisdiction after the judgment was domesticated in Florida, and whether the trial court was required to value the miles. The court analyzed Rule 21a, concluding that service is legally complete upon deposit in the mail, and affirmed that Texas courts retain jurisdiction to enforce their judgments through ancillary proceedings. However, the court held that while airline miles are garnishable assets, the trial court committed reversible error by failing to assign them a specific monetary value. The case was remanded to determine the market value of the miles to ensure proper credit against the judgment balance.
Litigation Takeaway
“When enforcing a judgment or dividing property involving intangible assets like airline miles or reward points, you must provide the court with a specific monetary valuation (a 'valuation bridge') to ensure the judgment is legally complete and enforceable.”