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Archived articles from 2015
126 articles found
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims
By Beth Graham - March 20, 2015
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
Special Masters: How To Make the Best of Both Worlds, Part IX
By Merril Hirsh, James Rhodes & Karl Bayer - March 19, 2015
In Part Eight, we talked about how, notwithstanding all the apparent benefits special masters can have for civil litigation, there is a rap, rightly or wrongly, on special masters that they can be (1) expensive and potentially ineffective if they merely add another layer of decision-making to challenge; (2) prone to alternate agenda; and (3) chosen because of connections to the judge, rather than management skills or independence. Yet, here we ar
The Will as an Implied Unilateral Arbitration Contract
By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.
Fort Worth COA Orders Employment Dispute to Arbitration
By Beth Graham - March 18, 2015
Texas’ Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying arbitration in an employment dispute. In Brand FX, LLC v. Rhine, No. 02-14-00249-CV (Tex. App. – Fort Worth, February 26, 2015), a publicly traded Delaware company that manufactures trucking industry parts hired a Texas man, Rhine, to serve as its Chief Financial Officer in November 2013.
Special Masters: How To Make the Best of Both Worlds, Part VIII
By Merril Hirsh, James Rhodes & Karl Bayer - March 16, 2015
We’ve now spent several posts extolling the virtues of using special masters in such fervent tones that the invention of sliced bread has begun to pale by comparison. So why aren’t people using special masters on a routine basis to obtain these terrific benefits?
San Antonio COA Upholds Arbitrator’s Award in Work Injury Case
By Beth Graham - March 16, 2015
Texas’ Fourth Court of Appeals in San Antonio has affirmed a trial court’s order confirming an arbitrator’s award in a work injury dispute. In Saiz v. Susser Holdings Corp. and Stripes LLC, No. 04-14-00487-CV (Tex. App. – San Antonio, March 11, 2015), a worker, Saiz, was injured in a 2010 workplace accident. At the time, her employer, Susser Holdings Corp. and Stripes LLC (‘the Companies”), did not carry workers’ compensation insurance under the
The End of Class Actions?
By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.
Houston COA Overturns Order Denying Arbitration in Construction Dispute
By Beth Graham - March 13, 2015
Texas’ 14th District Court of Appeals in Houston has reversed a district court’s order denying arbitration in a construction dispute.
Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute
By Beth Graham - March 10, 2015
On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Amarillo COA Overturns Order Holding Arbitration Provision is Unconscionable in Cotton Marketing Pool Dispute
By Beth Graham - March 6, 2015
Texas’ Seventh District Court of Appeals in Amarillo has overturned a Cochran County court’s order refusing to compel a cotton-marketing dispute to arbitration. In Ecom USA, Inc. v. Clark, No. 07-14-00240-CV (February 25, 2015), a group of cotton farmers agreed to deliver any crops grown in 2010 and 2011 to a marketing pool that was owned and administered by Ecom USA, Inc.
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