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Court Decisions about Arbitration
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
By Beth Graham - April 21, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration
By Beth Graham - March 12, 2014
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.
Dallas COA Orders Custom Home Dispute to Arbitration
By Beth Graham - January 28, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained
Texas’ First COA Refuses to Compel Arbitration in Second Lawsuit Regarding Houston Aeronautical Heritage Society Governance
By Beth Graham - December 23, 2013
The First District of Texas Court of Appeals in Houston has refused to compel arbitration in a dispute over the governance of the Houston Aeronautical Heritage Society, Inc. (HAHS).
N. D. of Texas Refuses to Grant Nonsignatory Samsung’s Motion to Compel Arbitration in Mobile Phone Litigation
By Beth Graham - December 18, 2013
The Northern District of Texas has refused to grant mobile telephone maker Samsung’s motion to compel arbitration in a putative class-action lawsuit brought by a number of unsatisfied Sprint and Verizon wireless customers.
Texas Supreme Court Agrees to Consider Whether Arbitral Agreement in Cotton Dispute is Unconscionable
By Beth Graham - December 16, 2013
On November 22, the Supreme Court of Texas agreed to hear Venture Cotton Cooperative et al. v. Freeman et al., No. 13-0122.
Texas’ 4th COA Compels Arbitration After Two Years of Discovery Where Party Fails to Offer Evidence of Prejudice
By Beth Graham - December 11, 2013
Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico.
Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA
By Beth Graham - December 4, 2013
The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.
Texas Supreme Court Agrees to Consider What Constitutes Arbitrator Evident Partiality
By Beth Graham - November 25, 2013
On Friday, the Supreme Court of Texas agreed to consider whether an arbitration award in a dispute between two energy companies should be upheld.
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