Menu
Archived articles from January 2011
21 articles found
Beaumont Appeals Court Holds Third Party Claims Subject to Arbitration
By Beth Graham - January 17, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that a trial court properly compelled a party to arbitrate its claims against non-signatory third parties and properly entered judgment disposing of all claims where no evidence was offered against the third parties during arbitration. In Sabine Syngas, Ltd. v. Port of Port Arthur Navigation Dist., No. 09-09-00331-CV, (Tex. App. – Beaumont, January 13, 2011), the Port of Port Arthur N
California Supreme Court Holds Attorney-Client Communications Related to Mediation Not Discoverable
By Beth Graham - January 14, 2011
The California Supreme Court has ruled that private attorney-client communications related to a mediation remain confidential communications protected by California’s Evidence Code even during a legal malpractice lawsuit between the parties. In Cassel v. Superior Ct., No. S178914, (Cal. Jan. 13, 2011) Michael Cassel sued attorneys who represented him during a mediation settlement for malpractice, breach of fiduciary duty, fraud and breach of cont
82nd Texas Legislature Convenes
By Beth Graham - January 13, 2011
The 82nd Texas Legislature convened on Tuesday, January 11, 2011. Prefiling of bills before the Legislature began on November 8, 2010. According to the State Bar of Texas, a proposed new Chapter 161 of the Civil Practice and Remedies Code is in the works. The Uniform Collaborative Law Act, “Relating to the resolution of certain disputes by collaborative law procedures,” has not yet been assigned a bill number. A copy of the Uniform Co
Dallas Court of Appeals Vacates Arbitral Award Due to Arbitrator’s Non-Disclosure
By Beth Graham - January 12, 2011
The Dallas Court of Appeals has vacated an arbitration award because the arbitrator failed to disclose that he served as arbitrator in another case involving one party’s representative and a related company. In Alim v. KBR (Kellogg, Brown & Root) – Halliburton, No. 05-09-00395-CV, (Tex. App. – Dallas, Jan 10, 2011), Mohammad Alim was employed by KBR (Kellogg, Brown & Root) – Halliburton (“KBR”) and filed “an arbitration claim for em
Article | The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?
By Beth Graham - January 11, 2011
Carrie Menkel-Meadow, A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure at Georgetown University Law Center and Chancellor’s Professor of Law at the University of California Irvine School of Law, recently published The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?, ABA Journal of Labor & Employment Law, October 19 2010; UC Irvine School of Law Legal Studies Research Paper No. 2010-28. In her arti
GUEST-POST | 2010 U.S. Supreme Court and Fifth Circuit Activity Reports
By Beth Graham - January 10, 2011
By Don Philbin U.S. Chief Justice John Roberts released his sixth Year-End Report on the Federal Judiciary on New Year’s Eve. While most of the press coverage has turned on his discussion of judicial vacancies, a three-page appendix highlights the workload of the federal courts. The Clerk of the Fifth Circuit produces a similar workload report containing insightful statistics, and the Texas Lawyer recently reviewed certain statistics for t
Medical Staff Standard Guidebook Issued
By Holly Hayes - January 7, 2011
by Holly Hayes The American Health Lawyers Association has issued an electronic guidebook for the implementation of a new Joint Commission (TJC) Medical Staff Standard, MS.01.01.01. The timeline for implementation of the new standard is March 31, 2011. Changes to a variety of hospital rules and bylaws will be necessary in order to comply with this new standard. Here is a description of the guidebook: Authored by one of the pre-eminent experts on
Houston Appeals Court Holds U.S. Courts Lack Authority Under Arbitration Agreement
By Beth Graham - January 6, 2011
In an interesting case currently on appeal to the Supreme Court of Texas, the Houston [1st] Court of Appeals vacated a trial court’s order appointing a three-person arbitration panel because the court was not the authority contemplated in the parties’ arbitration agreement. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a comput
Fifth Circuit Holds Motion to Compel Arbitration Not Enough to Defeat Preliminary Injunction
By Beth Graham - January 5, 2011
The Fifth Circuit Court of Appeals has held that a motion to compel arbitration did not defeat a federal district court’s preliminary injunction. In Janvey v. Alguire, et al., No. 10-10617, (5th Cir. December 15, 2010), the U.S. Securities and Exchange Commission filed suit in U.S. district court against the Stanford Group and other related corporate entities (collectively Stanford) alleging that Stanford perpetrated a multi-billion-dollar Ponzi
Law Review Article | I Could Have Been a Contender…
By Beth Graham - January 4, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. Vol. 114:4, No. 1149, 2010. In her article, Professor Welsh argues that recent U.S. Supreme Court decisions may be underminin
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy