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Archived articles from December 2014
15 articles found
Supreme Court of Texas Reverses Appellate Court’s Holding in Arbitration Waiver Case
By Beth Graham - December 31, 2014
The Supreme Court of Texas has reversed an appellate court’s holding that a company waived its right to arbitration by substantially invoking the judicial process. In Richmont Holdings, Inc. v. Superior Recharge Systems, L.L.C., No. 13-0907 (Tex., December 19, 2014), Richmont Holdings purchased the assets of another company, Superior Recharge Systems, through an affiliate.
Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey
By Beth Graham - December 29, 2014
Symeon C. Symeonides, Alex L. Parks Distinguished Professor of Law and Dean Emeritus at the Willamette University College of Law has published “Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey,” American Journal of Comparative Law, Vol. 63, No. 2, 2015.
El Paso COA Holds Arbitration Agreement Was Not Illusory in Workplace Accident Case
By Beth Graham - December 24, 2014
The Court of Appeals of Texas in El Paso has ordered a workplace personal injury case to arbitration. In ReadyOne Industries, Inc. v. Carreon, No. 08–13–00150–CV (Tex. App – El Paso, December 10, 2014), a man, Carreon, filed a lawsuit against his employer, ReadyOne, after he was allegedly hurt in a 2011 workplace accident.
Special Masters: How To Make the Best of Both Worlds, Part IV
By Merril Hirsh, James M. Rhodes, Karl Bayer - December 23, 2014
In Part Three we urged that, notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?
The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement
By Beth Graham - December 22, 2014
Ramona Lampley, Assistant Professor of Law at St. Mary's University School of Law, has published “The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement,” Brigham Young University Law Review, No. 4, 2013.
Houston COA Affirms Order Denying Arbitration Where Moving Party Failed to Establish a Valid Arbitral Agreement Existed
By Beth Graham - December 18, 2014
Texas’ Fourteenth Court of Appeals in Houston has affirmed a probate court’s order denying arbitration. In the case, In the Estate of Rosa Elvia Guerrero, No. 14–13–00580–CV (Tex. App. – 14th, September 4, 2014), a woman, Guerrero, agreed to purchase a used sport utility vehicle from a Chevrolet dealership, Champion. As part of the agreement, the woman signed a retail installment sales contract, a security agreement, a buyer’s order, and an ar
Non-Judicial Means of Collective Redress in Europe
By Beth Graham - December 15, 2014
S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29.
Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction
By Beth Graham - December 10, 2014
In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant. The parties’ insurance contract contained an arbitration clause.
Special Masters: How to Make the Best of Both Worlds, Part III
By Merril Hirsh, James M. Rhodes, and Karl Bayer - December 10, 2014
In Part Two we urged that, while rule changes can be of some help in getting parties in litigation to a fair and efficient resolution, they are not a complete solution. Our concern is that fundamentally, changing rules changes how the game is played, not the fact that it is a game. We said we need a change that changes the incentive to play itself and suggested that Special Masters can change these incentives. OK, money where your mouth is time:
Fifth Circuit Refuses to Compel Non-Signatory to Arbitration in Texas Negligence Case
By Beth Graham - December 9, 2014
The United States Court of Appeals for the Fifth Circuit has refused to enforce a mandatory arbitration provision that was included in a sales agreement against the spouse of a customer. In Joy Zinante v. Drive Electric, L.L.C., No. 14-20072 (5th Cir. 2014), a Texas couple’s home was unfortunately damaged in a fire that was apparently caused by a defective electric golf cart.
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