Readers of this blog know that the Dallas Court of Appeals has taken a strict view of the application of “Right of Association,” repeatedly denying appeals where the ROA application is little more than a private business dispute.

Dyer was a reaffirmation of Coleman I, and one of the most recent rejections of an expansive ROA came at the beginning of June in Erdner.

Today (June 28, 2019), the Texas Supreme Court declined to review Dyer, meaning the Dallas COA’s rejection of the Austin COA’s expansive interpretation of ROA is effectively locked in (at least for the Fifth District) for now.

It is hard to read this any other way than the Texas Supreme Court intends to limit the expansion of ROA.

Practitioners should note that in both Kawcak and Dyer, the respondents waived a response brief to the petition to review (a gutsy call), and the TSC quickly denied both petitions.

A game changing opinion is coming on ROA, and my prediction is we see it around the turn of 2020.

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