Glen M. Wilkerson

By Glen M. Wilkerson The facts and holdings in Karlseng v. Cooke, Tex. App. – – Dallas, June 28, 2011 (Cause # 05-09-01002-CV) are instructive technically in ethics, in the law of “evident partiality” in arbitration law, and as an illustration how influence is peddled sub rosa through out judicial / legal system. What is alarming is that this case shows how the Rule of Law with a relatively non-partisan decision maker is ultimately fr

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By Glen M. Wilkerson Last Friday, the Texas Supreme Court handed down another arbitration case in In Re Odyssey Healthcare. P worked at hospice. She had employment agreement with non-subscriber (no worker’s compensation) that included an arbitration provision. She slipped at the home of a patient. P lived and accident occurred in El Paso. The Arbitration language provided: Panel of arbitrators would be from Dallas County. The Court compelle

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Karl and I just got the following email from sometime contributor

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On December 22, 2006, the Supreme Court came down with the opinion quoted below. The opinion is significant in two important respects: 1. The opinion demonstrates the Supreme Court holding exemplary damages “constitutionally excessive” even though the exemplary damages are within the Chapter 41 limit of $200,000.00. Therefore, this is a case where the constitutionally excessive defensive pleadings came into play. The court holds that

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[ed. note: please welcome Glen Wilkerson’s first commentary on our blog] It is difficult to recall a time where there is so much transition in Texas law with respect to “insurance matters”. The reason is that the Texas Supreme Court has now pending (awaiting rulings in the next 2 to 3 months) at least four cases which could dramatically change the landscape of Texas law and our practice. The purpose of this email is to provide a

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