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Court Decisions about Arbitration
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
By Beth Graham - April 12, 2013
In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was
Houston’s First District Refuses to Compel Lease Dispute to Arbitration
By Beth Graham - April 9, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. After the trial court denied Speedemissions’ motion to compel arbitration, the company filed an appeal with Houston’s First District.
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
By Beth Graham - April 5, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. Under direct-benefits estoppel principles, a nonsignatory must arbitrate a claim if she seeks, through the claim, to derive a direct benefit from the contract containing the arbitration provision.
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen
Houston Appeals Court Compels Gas Delivery Dispute to Arbitration
By Beth Graham - March 21, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract that required arbitration. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), the predecessor companies to Enterpr
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
Texas Supreme Court Enacts New Civil Procedure Rule Related to ADR in Expedited Actions
By Beth Graham - March 15, 2013
In November, the Texas Supreme Court promulgated a number of new civil procedure rules designed to expedite court cases where the amount in controversy is less than $100,000. Initially, proposed Rule 169(d) barred both the parties and the courts from forcing a dispute to mediation where no contractual obligation to mediate existed. Following a public comment period that ended on February 1st, a revised Rule 169 became final and effective on March
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
By Beth Graham - March 7, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully f
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