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All articles tagged '"Fifth District"'

8 articles found

U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26 Million Arbitral Award

By Beth Graham - May 28, 2015
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. 14-774, a divided Texas Supreme Court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.

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Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims

By Beth Graham - September 23, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners.

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Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case

By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.

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Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration

By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.

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Dallas Appeals Court Holds Arbitral Award Must Stand in Construction Dispute

By Beth Graham - April 27, 2013
The Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision to confirm an arbitral award in a construction dispute. In Goldman v. Buchanan, Beryl Goldman entered into a contract to design and build a new house with an architect, Russell Buchanan, and a builder, Lawrence Wallace. The parties' agreement contained an arbitration provision.

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Dallas Appeals Court Compels Arbitration in Interlocutory Appeal

By Beth Graham - April 18, 2013
The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.--Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.

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The Fifth District of Texas Holds Confidentiality Protections Afforded by the Texas Civil Practice and Remedies Code Apply to Mediations

By Beth Graham - September 21, 2010
The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. In In re Empire Pipeline Corp., No. 05-10-01044-CV, (Tex.-App.—Dallas Sept. 15, 2010), the relators, Empire Pipeline Corporation, Empire Exploration, L.P. and Empire Exploration Corporation, sought relief

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Texas Court of Appeals Declined to Confirm Arbitral Award

By Victoria VanBuren - March 18, 2009
In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition served to Holt was not verified and Holt did not answer the lawsuit

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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