David McDavid Nissan, Inc. v. Subaru, Inc

In David McDavid Nissan, Inc. v. Subaru, Inc., 10 S.W.3d 56, 68 (Tex. App.--Dallas 1999), the court of appeals held that the Board's exclusive jurisdiction abrogates a plaintiff's common-law claims without reasonably substituting another remedy and thus contravenes the open-courts provision. 10 S.W.3d at 68. In David McDavid Nissan, Inc., the Court held that the Legislature did not grant the Board exclusive jurisdiction to resolve disputes under the Code unless the Code expressly requires the Board to decide a particular issue. Rather, the trial court and the Board may share jurisdiction over some issues. David McDavid Nissan, Inc. The Court further held that the Board has primary jurisdiction over certain issues within the Code's subject matter and, consequently, the trial court should abate its proceedings pending the Board's resolving those issues. And, finally, the Court held that, because the Code did not abrogate McDavid's common-law claims, it did not violate our Constitution's open-courts provision