Karl Bayer's Disputing Blog » Texas Supreme Court

Texas Supreme Court Agrees to Consider Whether Arbitral Agreement in Cotton Dispute is Unconscionable

By Beth Graham - December 16, 2013

On November 22, the Supreme Court of Texas agreed to hear Venture Cotton Cooperative et al. v. Freeman et al., No. 13-0122.

Texas Supreme Court Agrees to Consider What Constitutes Arbitrator Evident Partiality

By Beth Graham - November 25, 2013

On Friday, the Supreme Court of Texas agreed to consider whether an arbitration award in a dispute between two energy companies should be upheld.

Texas Supreme Court Declines to Review Arbitration Order in Natural Gas Case

By Beth Graham - September 10, 2013

The Supreme Court of Texas has declined to review a First District Court of Appeals decision requiring arbitration in a natural gas contract dispute.

Texas Supreme Court Agrees to Hear Case Involving Arbitrator Disqualification

By Beth Graham - August 26, 2013

On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas.

Texas Supreme Court Issues Emergency Stay to Consider Arbitration

By Beth Graham - June 19, 2013

Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.

Texas Supreme Court Holds Trust Dispute Must be Arbitrated

By Beth Graham - May 9, 2013

Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio

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

Texas Supreme Court Reverses Richmont Holdings Decision

By Beth Graham - January 30, 2013

On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall

2012 Year-in-Review – Texas Arbitration Case Law

By Victoria VanBuren - January 9, 2013

Continuing our 2012 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the Texas Supreme Court ruled on appellate court jurisdiction over order confirming arbitration award in part and vacating the award in part. Read more here. In In re Lopez, 372 S.W. 3d 174 (June 8, 2012) the Supreme Cour

Mandamus Granted After Trial Court Incorrectly Applied Statute

By Jeremy Clare - December 3, 2012

The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against