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Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
Crossing the Threshold: Arbitral Jurisdiction after BG Group
By Beth Graham - September 22, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration
By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
Texas Supreme Court Denies Armstrong’s Writ of Mandamus Petition
By Beth Graham - June 2, 2014
The Supreme Court of Texas has refused to hear former professional bicyclist Lance Armstrong’s appeal in an ongoing dispute over a prior arbitration settlement.
Texas Supreme Court Holds Arbitrator’s Partial Disclosure of Information Supports Finding of Evident Partiality
By Beth Graham - May 28, 2014
On Friday, the Supreme Court of Texas held that a neutral arbitrator’s partial disclosure of relevant facts that might reasonably lead an objective observer to believe he was biased towards one party constitutes evident partiality.
Texas Supreme Court Holds Law Firm Did Not Waive Arbitration in Fee Dispute
By Beth Graham - May 21, 2014
The Supreme Court of Texas has held that a law firm did not waive its right to arbitrate a fee dispute with a former client after the firm sued one of its former associates who continued to represent the client after the associate left the firm.
Bicyclist Armstrong Appeals Arbitration Panel’s Decision to Supreme Court of Texas
By Beth Graham - May 4, 2014
On Friday, former professional bicyclist Lance Armstrong asked the Supreme Court of Texas to overturn a Dallas arbitration panel’s decision to reconsider a 2005 arbitration settlement in his favor.
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