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Texas S.B. 556 and H.B. 1635
By Victoria VanBuren - March 6, 2009
Another beautiful week in Austin, Texas. We thought you would be interested to know that the following bills have been introduced recently by the 81st Texas Legislature: S.B. 556. To amend the Insurance Code, by, among other things, adding a clause to provide for binding arbitration agreements within the context of health care contracts with physicians and health care providers. Status: Referred to the Senate Committee on State Affairs on 02/23/2
Fifth Circuit: Arbitrator Should Determine Arbitrability
By Victoria VanBuren - March 5, 2009
In Agere Systems Inc. v. Samsung Electronics Co., Ltd., (No. 07-40984), the Fifth Circuit held that the question of arbitrability should be decided by an arbitrator. The dispute between Agere Systems and Samsung Electronics arouse out of five patent cross-licensing agreements (dated 1990, 1995, 1999, 2000, and 2006). In 2006, Agere sued Samsung for breach of the licensing agreement and Samsung responded by invoking a mediation clause contained in
Texas Bar Blog
By Victoria VanBuren - March 3, 2009
The State Bar of Texas just launched its own blog. The blog includes a directory of Blogs by Texas Lawyers. We are proud to be listed under “New and Noteworthy.” Welcome to the legal blogosphere!
Texas Supreme Court: In Re jindal and In Re Bank of America
By Victoria VanBuren - March 2, 2009
Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue o
Texas H.B. 1083: Status
By Victoria VanBuren - February 26, 2009
In addition to S.B. 222 discussed here, the 81st Texas Legislature is considering H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).” Status: Referred to the Committee on Judiciary & Civil Jurisprudence on 02/24/2009.
Arbitration Award on Attorney’s Fees
By Victoria VanBuren - February 25, 2009
From our good friend Chuck Herring: Here‘s a somewhat interesting decision reversing in part an arbitration award on an attorney’s fees issue, holding that a contract provision that permitted the lawyer to recover fees and expenses for time spent incident to withdrawing from representation was unconscionable and unenforceable on public policy grounds because the DRs require that fees can be charged only for services performed on behal
Federal Legislation on Arbitration
By Victoria VanBuren - February 24, 2009
The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of the U.S. Code with respect to arbitration. This is the “Arbitration Fairness A
White Paper on Arbitration
By Victoria VanBuren - February 23, 2009
We thought you’d want to check out this paper by John Allen Chalk and Rebecca Eaton from Whitaker, Chalk, Swindle & Sawyer, LLP. The authors do an excellent job at compiling noteworthy cases related to general arbitration, employment, consumer, and class actions arbitration.
Texas S.B. 222: Status
By Victoria VanBuren - February 20, 2009
As we discussed here, the 81st Texas Legislature is considering an amendment to the Texas Arbitration Act. Senate Bill 222, authored by Senator Royce West, was filed on November 10, 2008 and was referred to the Committee on Jurisprudence on February 11, 2009. Should you have any comments about S.B. 222, please feel free to contact us.
Arbitration of Attorney/Client Disputes: Webcast Post-Mortem
By Victoria VanBuren - February 19, 2009
Judge Bea Ann Smith, Chuck Herring, and Karl Bayer presented yesterday the issue of Arbitration of Attorney/Client Disputes at the TexasBarCLE. Thanks to Chuck Herring for sharing his paper with us. For more information, visit our previous posts: The Texas Perspective on Arbitration of Attorney/Client Disputes Arbitrating With Your Client? (with link to paper by Dicky Hile)
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