M&M Livestock v. Robinson

M&M Livestock, 2025 Tex. Bus. 29 (Business Court of Texas Eighth Division 2025) · Business Court of Texas, Eighth Division · August 4, 2025 · No. 24-BC08B-0003

Summary

The Business Court of Texas addresses Defendants' plea to the jurisdiction challenging subject matter jurisdiction based on the $5 million minimum amount in controversy requirement under Section 25A.004(b) of the Texas Government Code. After reviewing amended pleadings, the Court finds that Plaintiffs have sufficiently pleaded facts to satisfy the jurisdictional threshold through claims for breach of fiduciary duty, breach of contract, and fraudulent inducement related to the mismanagement and asset depletion of an LLC. The Court denies the plea but notes that claims regarding unpaid cattle sales fall under supplemental jurisdiction, requiring party agreement.

Court
Business Court of Texas, Eighth Division
Writing for the Court
Brian Stagner
Jurisdiction
Texas
Decision date
August 4, 2025
Docket number
24-BC08B-0003
Procedural posture
Defendants' plea to jurisdiction denied
Precedential value
published
Disposition
other

Topics

subject matter jurisdiction

Practice areas

civil procedurebusiness law

Questions Presented

  1. Whether the plaintiffs' pleadings satisfy the $5 million amount‑in‑controversy requirement under Tex. Gov’t Code §25A.004(b) to confer subject‑matter jurisdiction.

Holdings

  1. The court denies the defendants' plea to the jurisdiction, finding that the plaintiffs have pleaded facts sufficient to satisfy the $5 million threshold and therefore the Business Court has subject‑matter jurisdiction.

Key quotations

The Court concludes that Plaintiffs have pleaded facts sufficient to satisfy the $5 million threshold and therefore denies Defendants’ Plea to the Jurisdiction. (¶ 40)

Factual background

The dispute concerns a limited‑liability company, ZMDR, LLC, formed to operate a meat‑processing plant. Plaintiffs (M&M Livestock, LLC and John Malouff) allege that managers Robinson and DeVito mismanaged the company, causing asset depletion and personal liability for Malouff, and that the plaintiffs are owed over $5 million in damages.

Procedural history

Plaintiffs filed the original petition in October 2024 alleging mismanagement of ZMDR, LLC and sought damages exceeding $5 million. Defendants filed a supplemental answer and a plea to the jurisdiction challenging the amount‑in‑controversy requirement. The court ordered briefing, the parties filed amended pleadings, and the court now rules on the plea.

Court Document

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