BRS Wins UCC Victory in the Texas Supreme Court
August 20, 2010On August 20, 2010, the Texas Supreme Court rendered an important decision in favor of BRS clients concerning the proper application of Article 9 of the Uniform Commercial Code. Our clients had won more than $4 million plus attorney's fees at trial under the "deficiency judgment" provisions of Article 9. Professor James White, co-author of the leading academic treatise on the Uniform Commercial Code, referred to this case as "the granddaddy of deficiency judgment cases." Although the court of appeals had reversed the judgment based on a misunderstanding of Article 9, the Supreme Court reinstated the judgment in a decision that restores Texas to the mainstream of UCC jurisprudence. The case was tried by BRS partners David Beck and Michael Richardson, and the Texas Supreme Court appeal was handled by BRS partners Russell Post and David Gunn.