“Arcane” Texas Contract Law

October 9th, 2013

So here’s what the rest of the world thinks of Texas contract law–or at least Justice Alito inĀ Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. Tex.

MR. ALLENSWORTH: The law of Texas, which we think applies to this case, with which the district court —

JUSTICE ALITO: Is — Texas contract law is so arcane that the judges in the Eastern District of Virginia can’t figure it out? Is that right?

MR. ALLENSWORTH: I wouldn’t suggest that, Your Honor.

JUSTICE ALITO: Oh, okay.

(Laughter.)

I should add that I am a member of the Virginia Bar teaching in a Texas law school.