Gregory A Franklin

On May 29, 2026, the Texas Business Court issued a memorandum opinion in Energy Founders Fund, LP v. Phillip Daskevich and Cris Curnutt Daskevich, Cause No. 26-BC11A-0004, addressing when a buyer qualifies as an “Affiliate” under an LLC agreement’s drag-along provision. The dispute arose from the proposed sale of ownership interests in Gage Western, LLC. Energy Founders Fund, LP (EFF) held Class A membership interests.

This GT Newsletter summarizes recent class-action decisions from across the United States. Highlights from this issue include: Southern District of New York denies class certification, finding significant credibility issues make proposed class representatives inadequate. Fourth Circuit reverses denial of motion to dismiss interconnected to class certification on interlocutory appeal under Rule 23(f). Fourth Circuit reaffirms ascertainability requirement based on prior panel rulings.

Highlights from this issue include: Second Circuit reverses denial of motion to compel arbitration based on uncluttered user interface providing “reasonably conspicuous notice.” Second Circuit decertifies long-running securities fraud class action finding link between corrective disclosures and the alleged misrepresentations insufficient.