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Court Decisions about Arbitration
Dallas COA Dismisses Arbitration Award for Lack of Jurisdiction
By Beth Graham - August 15, 2013
Texas’ Fifth District Court of Appeals in Dallas has invalidated an arbitration award for lack of jurisdiction.
Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration
By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.
Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability
By Beth Graham - August 6, 2013
Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. - Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle.
Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable
By Beth Graham - August 2, 2013
Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.
A Summary of Recent Arbitration Confirmation Cases
By Beth Graham - August 1, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share it here:
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Houston’s First COA Upholds Arbitral Award Where Parties Signed Competing Agreements
By Beth Graham - July 24, 2013
Houston’s First District Court of Appeals has upheld an arbitrator’s award in a dispute that arose between an employer and a worker who was hurt on-the-job. In Forged Components, Inc. v. Guzman, No. 01–11–00563–CV, (Tex. App. Dist. 1 - June 25, 2013), Ricky Guzman was pinned by a forklift while working at Forged Components, Inc. (“FCI”).
Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement
By Beth Graham - July 19, 2013
The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).
Dallas COA Reverses After Trial Court Vacates Arbitral Award in Non-Compete Case
By Beth Graham - July 17, 2013
Texas’ Fifth District Court of Appeals in Dallas has reversed a lower court’s decision to vacate an arbitration award.
SDNY Confirms $5 Million Award in Heated Miss Universe Beauty Pageant Dispute
By Beth Graham - July 11, 2013
The Southern District of New York has confirmed an arbitrator’s $5 million award in a beauty pageant dispute. In Miss Universe, LP, LLLP v. Sheena Monnin, No. 12 Civ. 9174 (JPO), the newly selected 2012 Miss Pennsylvania, Sheena Monnin, signed three contracts related to her title.
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