Menu
All articles by Beth Graham
1014 articles found
Austin Police Department Now Allows Mediation of Citizen Complaints
By Beth Graham - March 29, 2013
Alternative dispute resolution methods are increasingly being utilized across a wide range of industries. According to a recent news report, the Austin Police Department has instituted a new policy that provides area citizens with the opportunity to engage in mediation with law enforcement officers following a complaint. Under the policy, less serious external complaints such as allegations of inadequate service and rude officers may be mediated
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause
By Beth Graham - March 26, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remov
Constitutional Conundrums in Arbitration
By Beth Graham - March 25, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘s Center for the Study of Dispute Resolution, recently published a thoughtful book review entitled Constitutional Conundrums in Arbitration, 15 Cardozo Journal of Conflict Resolution __ (forthcoming 2013). Here is the abstract: Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers t
Houston Appeals Court Compels Gas Delivery Dispute to Arbitration
By Beth Graham - March 21, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract that required arbitration. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), the predecessor companies to Enterpr
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
What Judges Write When They Write About Mediation
By Beth Graham - March 17, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon
Texas Supreme Court Enacts New Civil Procedure Rule Related to ADR in Expedited Actions
By Beth Graham - March 15, 2013
In November, the Texas Supreme Court promulgated a number of new civil procedure rules designed to expedite court cases where the amount in controversy is less than $100,000. Initially, proposed Rule 169(d) barred both the parties and the courts from forcing a dispute to mediation where no contractual obligation to mediate existed. Following a public comment period that ended on February 1st, a revised Rule 169 became final and effective on March
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy