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Court Decisions about Arbitration
SCOTX Will Not Consider $16 Million Arbitration Award Arising Out of Energy Dispute
By Beth Graham - November 19, 2018
On Friday, the Supreme Court of Texas declined to consider whether a Travis County trial court’s order confirming an arbitration award should be overturned because no transcription of the arbitration hearing was created.
S.D. Texas Orders Independent Contractor’s Lawsuit Filed Against Nonsignatory to Arbitration
By Beth Graham - November 16, 2018
The Southern District of Texas has ordered a proposed class action lawsuit that was filed over an organization’s alleged violations of the Fair Labor Standards Act (“FLSA”) to arbitration.
Dallas COA Rules No Right to Interlocutory Judicial Review of Arbitration Panel’s Order
By Beth Graham - November 15, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act (“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal.
El Paso COA Rules on Pre-Arbitration Discovery in Mandamus Relief Case
By Beth Graham - November 13, 2018
The Eighth District Court of Appeals in El Paso has once again conditionally granted mandamus relief in an arbitration dispute between Dish Network, LLC and a former employee.
Beaumont COA Upholds $460K Legal Malpractice Arbitration Award
By Beth Graham - November 12, 2018
The Ninth District Court of Appeals at Beaumont has upheld an arbitrator’s nearly $460,000 legal malpractice award despite claims the arbitrator exceeded his authority by failing to follow Texas law.
N.D. Texas Dismisses FLSA Case in Favor of Arbitration
By Beth Graham - October 29, 2018
The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act ("FLSA") claim because it should have been submitted to arbitration.
The Arbitration-Litigation Paradox
By Beth Graham - October 15, 2018
Assistant Professor of Law Pamela Bookman, Temple University Beasley School of Law, has written “The Arbitration-Litigation Paradox,” Vanderbilt Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2018-29.
U.S. Supreme Court Considering Three Arbitration Cases in October Term
By Beth Graham - October 13, 2018
Last week, the United States Supreme Court heard oral argument in a case involving the arbitrability of independent contractor agreements for transportation workers.
Fifth Circuit Dismisses Case Against Texas Energy Company Due to Man’s Refusal to Arbitrate
By Beth Graham - October 11, 2018
The United States Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s order dismissing a putative class action lawsuit after a plaintiff failed to pursue arbitration.
El Paso COA Affirms Trial Court’s Order Denying Arbitration
By Beth Graham - October 1, 2018
Texas’ Eighth District Court of Appeals in El Paso has affirmed a trial court’s order stating two companies did not agree to exclusively arbitrate their claims against one another under Delaware law.
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