More than a year ago now, guest blogger Rick Freeman wrote about an arbitration decision out of San Antonio where a trial court refused to compel arbitration on the basis that the high cost of arbitration made the agreement to arbitrate unconscionable. This morning, the Texas Supreme Court denied the petition for review in that case, leaving the San Antonio opinion good law, for now at least. What does this mean for state of cost-based unconscion

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Perhaps less likely to come up than the situation in this morning’s other Texas Supreme Court opinion, the Court also addressed the scope of Texas’ antitrust statute (the Texas Free Enterprise and Antitrust Act of 1983) this morning. The Coca-Cola Company v. Harmar Bottling Company, ___ S.W.3d ___ (Tex. 2006) (Cause No. 03-0737).

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As an initial matter, we would like to apologize for our absence for the last month and a half. From time to time the actual practice of law interferes with the blogging. We’ve been extremely busy for the last month or so, which is good, but which also prevented us from blogging. For a variety of reasons, however, things are more or less back to normal now. Which is a good thing, because this morning the Texas Supreme Court released two opi

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