Clik here to view.
2012 Year-in-Review – Texas Arbitration Case Law
Continuing our 2012 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084,...
View ArticleClik here to view.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor...
View ArticleTexas Supreme Court Compels Arbitration of Employment Discrimination Claims
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the...
View ArticleClik here to view.
Texas Supreme Court Agrees to Hear Case Involving Arbitrator Disqualification
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of...
View ArticleClik here to view.
Texas Supreme Court Declines to Review Arbitration Order in Natural Gas Case
The Supreme Court of Texas has declined to review a First District Court of Appeals decision requiring arbitration in a natural gas contract dispute. In Enterprise Field Services, LLC v. TOC-Rocky...
View ArticleClik here to view.
Supreme Court of Texas Holds Non-Binding Mediation Renders a Debtor a...
The Supreme Court of Texas has held that participation in a non-binding mediation rendered a debtor a “settling person” under Chapter 33 of the Texas Civil Practice and Remedies Code for purposes of...
View ArticleClik here to view.
Texas Supreme Court Hears Interlocutory Appeal of an Arbitral Order
Last Thursday, the Texas Supreme Court heard oral argument in CMH Homes, Inc. et al. v. Perez, No. 10-0688. At issue in this case of first impression is an interlocutory appeal from an arbitration...
View ArticleClik here to view.
Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?
By Brett Goodman Similar to a court referring a case to mediation in the first place, in Texas, a trial court is under a discretionary standard concerning imposing sanctions for failure to appear. See...
View ArticleClik here to view.
Tort Reform in Texas: Loser Pays Bill Signed into Law
Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to...
View ArticleClik here to view.
Mandamus Granted After Trial Court Incorrectly Applied Statute
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code...
View ArticleClik here to view.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor...
View ArticleClik here to view.
U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26...
The United States Supreme Court has declined to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No....
View ArticleClik here to view.
Dallas COA Holds Trial Court Abused Discretion When it Denied Discovery...
Texas’ Fifth District Court of Appeals in Dallas has ruled that a trial court abused its discretion when it refused to allow a party to a lawsuit to engage in discovery over an arbitrator’s purported...
View ArticleClik here to view.
Faith-Based Arbitration Increasing Across the U.S.
The arbitration process has the potential to eliminate many of the negative aspects of litigation including lengthy delays, inefficiencies, and confidentiality concerns. Historically, religious...
View ArticleClik here to view.
Texas Supreme Court Agrees to Consider Whether Estate Arbitration Award...
On Friday, the Supreme Court of Texas agreed to consider whether the Fourth Court of Appeals in San Antonio committed error when it refused to vacate an arbitral award on common-law grounds in a...
View ArticleClik here to view.
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order...
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was...
View ArticleClik here to view.
Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El...
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals. In Whataburger Restaurants LLC v. Cardwell, No. 14-1019 (February 26, 2016),...
View ArticleClik here to view.
Arbitration Conducted Under the TAA May Not Be Vacated on Common-Law Grounds
On Friday, the Supreme Court of Texas ruled that an arbitral award may not be vacated under the Texas Arbitration Act (“TAA”) based on common-law grounds. In Leonard K. Hoskins v. Colonel Clifford...
View ArticleClik here to view.
Supreme Court of Texas Holds Company Did Not Waive Right to Arbitration
The Supreme Court of Texas has ruled that a company did not waive its right to arbitration by engaging in the litigation process with a third party. In RSL Funding, LLC v. Pippins, No. 14-0457 (Tex.,...
View ArticleClik here to view.
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign...
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from...
View Article
