Subaru of America, Inc. v. David McDavid Nissan, Inc.

On December 6, 2001, we granted Subaru’s motion for rehearing. We withdraw our opinion and judgment dated May 31, 2001, and substitute the following in its place.

This case involves the interrelation between a trial court’s original jurisdiction and the Texas Motor Vehicle Board’s original jurisdiction under the Texas Motor Vehicle Commission Code. 1 The court of appeals held that the Legislature’s granting exclusive jurisdiction to the Board abrogates a party’s common-law claims, and therefore, the Code unconstitutionally denies a citizen’s access to the courts. 10 S.W.3d 56, 67-68. We agree…