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Texas Supreme Court
SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute
By Beth Graham - February 3, 2016
The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.
Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality
By Beth Graham - January 26, 2016
The Supreme Court of Texas has denied a party's request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute
By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Texas Supreme Court Agrees to Consider Whether Estate Arbitration Award Should Have Been Vacated
By Beth Graham - November 23, 2015
On Friday, the Supreme Court of Texas agreed to consider whether the Fourth Court of Appeals in San Antonio committed error when it refused to vacate an arbitral award on common-law grounds in a mineral and property rights transfer dispute among family members.
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute
By Beth Graham - March 10, 2015
On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Supreme Court of Texas Agrees to Consider Whether Attorney-Client Arbitration Agreement is Unconscionable
By Beth Graham - February 20, 2015
Earlier today, the Supreme Court of Texas agreed to consider whether or not an arbitration agreement between a law firm and its former client was one-sided and substantively unconscionable. In the case, In re: Royston Rayzor Vickery & Williams, LLP, No. 14-0109, a man, Lopez, retained a law firm, Royston Rayzor Vickery & Williams, LLP (“Royston”) to represent him in divorce proceedings related to his common law marriage.
U.S. Supreme Court Asked to Review Texas Supreme Court Decision Overturning $26 Million Arbitral Award
By Beth Graham - January 30, 2015
The United States Supreme Court has been asked to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.
Supreme Court of Texas Reverses Appellate Court’s Holding in Arbitration Waiver Case
By Beth Graham - December 31, 2014
The Supreme Court of Texas has reversed an appellate court’s holding that a company waived its right to arbitration by substantially invoking the judicial process. In Richmont Holdings, Inc. v. Superior Recharge Systems, L.L.C., No. 13-0907 (Tex., December 19, 2014), Richmont Holdings purchased the assets of another company, Superior Recharge Systems, through an affiliate.
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
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