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Archived articles from 2008
20 articles found
Florida Arbitration Blog Takes Issue With Texas Turn of Phrase
By Rob Hargrove - June 3, 2008
Earlier this morning, the Florida Arbitration Blog, a blog we read regularly and think highly of, posted a fairly critical review of an article in the Defense Research Institute’s magazine that apparently laments the pervasive use of mandatory arbitration as an assault on the jury system. Since the DRI does not allow non-members access to its magazine, Florida Arbitration Blog could not share a link to the article itself. Since we are not m
New Arbitration Paper
By Rob Hargrove - May 28, 2008
Karl recently presented a new paper on discovery in arbitration proceedings at the State Bar’s Advanced Evidence and Discovery Course in Houston and San Antonio. Since we get lots of requests for these papers, we’ve now created a permanent page for all of them on our main website. Help yourself. Remember, though, that the law changes quickly, and parts of even the most recent papers are outdated and, in some cases, flat out wrong. By
Housekeeping Note
By Rob Hargrove - May 27, 2008
Lately, we’ve been getting some requests to add a feature to the blog that allows for email subscription. So, you now ought to see a link in the sidebar which claims to provide just that service. If it works as promised, subscribers ought to get an email each day delivering content, if and to the extent new content has been generated that day. Hope this helps. As always, please do not hesitate to email or call us directly with any questions
Supreme Court Reverts to Previous Stance on Waiver
By Rob Hargrove - May 21, 2008
Well, it took a couple weeks, but the Texas Supreme Court has reverted to its pre-Perry Homes stance on the circumstances in which a party may or may not waive its right to compel arbitration. On Friday, while we were otherwise indisposed and unable to blog, the Texas Supreme Court found that a party’s decision to remove a case to federal court (and then agree to a remand back to state court) did not “substantially invoke the judicial
While We Were Out: Texas Supreme Court Decides Perry Homes, et al. v. Cull
By Rob Hargrove - May 5, 2008
I picked the wrong week to go on vacation. While I was on an airplane coming back from France, the Texas Supreme Court issued its long-awaited opinion in the Perry Homes Case. The Texas legal blogosphere has already been all over it, and the Supreme Court of Texas Blog has posted a nice recap of the commentary. At the risk of coming to the party late, we’ll still offer some comments on Friday’s opinion. Robert and Jane Cull bought a h
Glen Wilkerson on Hall Street v. Mattel
By Glen Wilkerson - April 19, 2008
Karl and I just got the following email from sometime contributor
Nineteen Texas Supreme Court Opinions Today
By Rob Hargrove - March 28, 2008
Today, the Texas Supreme Court handed down nineteen (19) opinions. None of them, however, has anything to do with arbitration. One of them, though, resolved an issue which has divided the courts of appeals and with which we had to grapple not too long ago. Since we have not been blogging much lately (we’ve been working a lot), we thought we’d mention it. As of today, Rule 202 no longer allows the pre-lawsuit deposition of a physician
No Longer can you Craft Your Own Arbitral Standard of Review
By Rob Hargrove - March 26, 2008
Almost three years ago, we started monitoring the rapidly developing law of arbitration by way of a CLE paper Karl presented to a State Bar seminar in Dallas. That paper was called Standards of Review as Applied to Arbitral Decisions, and at its conclusion we advised seminar attendees and other readers that even though arbitral awards were for most intents and purposes not appealable, nothing prevented parties, in the Fifth Circuit anyway, from c
U.S. Supreme Court Issues Arbitrability Opinion
By Rob Hargrove - February 20, 2008
Today was a busy day at the U.S. Supreme Court; five opinions were handed down. Others have commented about them all. One of the opinions, however, discusses Federal Arbitration Act (“FAA”) preemption of state administrative proceedings and as such is something we need to mention. The case, Preston vs. Ferrer (link is to .pdf file), involves a dispute between noted television jurist Judge Alex and an attorney who may or may not have b
Fifth Circuit Rejects Amway’s Arbitration Policy
By Rob Hargrove - February 13, 2008
About a week ago, the Fifth Circuit handed down an opinion in an Amway distributorship dispute (link is to .pdf file) which rejects, after a decade of arbitration and arbitrability litigation, a claim by Amway that certain disputes had to be arbitrated. As followers of this area are aware, a Fifth Circuit opinion rejecting arbitrability is noteworthy in and of itself. Amway, of course, is a company that sells products through distributors who in
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