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Court Decisions about Arbitration
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
Fort Worth COA Holds Arbitral Agreement Was Incorporated by Reference in Performance Bond Dispute
By Beth Graham - April 2, 2015
In Granite Re Inc. v. Jay Mills Contracting Inc., No. 02-14-00357-CV (Tex. App. – Fort Worth, March 26, 2015), the City of Granbury, Texas hired a contractor, Jay Mills Contracting (“JMC”), to design and install a boardwalk and several docks. After that, JMC contracted with another company, North American Marine Industries (“NAMI”), to complete the project.
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
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.
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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