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Court Decisions about Arbitration

Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration

By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.

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Houston Appeals Court Affirms Arbitration Award for Environmental and Other Damages in Oil and Gas Case

By Beth Graham - August 1, 2014
Texas’ First Court of Appeals in Houston has affirmed a trial court’s decision to confirm an arbitration panel’s damages award in an oil and gas exploration and production dispute.

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Fifth Circuit Says Decision to Remand a Dispute Back to Arbitral Panel for Clarification May Not be Appealed

By Beth Graham - July 28, 2014
On Friday, the United States Court of Appeals for the Fifth Circuit refused to review a district court’s decision to remand a dispute back to an arbitral panel.

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U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home

By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.

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N.D. of Texas Again Refuses to Consider Texas Securities Act Claim Over Previous Arbitration

By Beth Graham - June 30, 2014
The Northern District of Texas has refused to reconsider an order dismissing a previously arbitrated Texas Securities Act case due to claim preclusion.

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Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit

By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.

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Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification

By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.

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Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions

By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.

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Fifth Circuit Affirms Arbitrator’s Decision in Insurance Dispute

By Beth Graham - June 13, 2014
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration.

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U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements

By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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