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Rick Freeman
ARBITRATION IS GOD – SECOND INSTALLMENT
By Rick Freeman - March 7, 2006
By Rick Freeman In IN RE HERITAGE BUILDING SYSTEMS, INC, No. 09-05-445-CV, decided by the Beaumont Court of Appeals on February 9, 2006, we find another decision by the Texas appellate courts that lends further proof to my belief that Arbitration is God in Texas courts. In this case, Bohler bought materials to construct a prefabricated building from Heritage. On the back of the purchase order was an arbitration clause providing for arbitration by
ARBITRATION IS GOD – FIRST INSTALLMENT
By Rick Freeman - February 20, 2006
by Rick Freeman Two recent decisions by the Texas courts of appeals show how far the Courts have gone in enforcing arbitration agreements – no matter what the facts. In Southwind Group, Inc., v. Landwehr (No. 11-05-00247-CV, No. 11-05-00324-CV; 2006 Tex. App. LEXIS 896), decided February 2, 2006, the Eastland Court of Appeals reversed a trial court’s denial of arbitration and remanded the case to the trial court with instructions to compel arbitr
COMPELLING NON-SIGNATORIES TO ARBITRATE
By Rick Freeman - November 14, 2005
By Rick Freeman In a recent article herein, Karl and Rob discussed the recent opinion by the Texas Supreme Court – In re Weekley Homes, L.P. In that decision the Texas Supreme Court compelled a non-signatory to a contract to submit her personal injury claim to arbitration pursuant to the home purchase contract. Basically, the Court says that if you gain benefits from the contract, you are subject to the contract’s arbitration clause. To quo
YOU CANNOT WAIVE THE OFFENDING ARBITRATION PROVISION
By Rick Freeman - October 4, 2005
Rick Freeman Commentary One argument that is regularly made by lawyers who are attempting to compel arbitration is to ask the Court to reform the arbitration clause in some way, if the Court feels that the arbitration clause is so unfair or one-sided that it could be unconscionable. This is generally a difficult argument to rebut if you are the lawyer arguing the effect of the unfairness or one-sidedness of an arbitration provision. You argue: Ju
High Costs of Arbitration
By Rick Freeman - September 29, 2005
Rick Freeman Commentary Following up on my article last week regarding the Olshan case – in which the San Antonio Court of Appeals found that the high cost of the required arbitration to be “shocking” and unconscionable and therefore the arbitration provision was unenforceable – I want to examine two appellate cases decided in 2004 that discuss substantive unconscionablity. In the first case, Pine Ridge Homes, Inc. v. Ston
ARBITRATION LEGITIMACY — UNCONSCIONABILITY
By Rick Freeman - September 19, 2005
Guest blogger Rick Freeman contributes commentary about a recent San Antonio Court of Appeals opinion about the enforceability of arbitration clauses. In my last article I discussed the need for fairness in arbitration agreements. Failure to have fair terms in the arbitration agreement or failure to provide a fair arbitration proceeding will result in a perceived lack of legitimacy in the arbitration result. If arbitration results are not perceiv
GUEST BLOGGER RICK FREEMAN!
By Rick Freeman - September 12, 2005
[ed. note: we’ve asked a number of our colleagues to offer guest-blogs about Texas dispute resolution, and our old friend Rick Freeman is the first to chime in. We look forward to continuing columns from Rick.] I am honored to have been extended the opportunity to contribute to the KarlBayer.com blog. I know Karl Bayer and Rob Hargrove to be extremely talented and hardworking trial lawyers and dispute resolution specialists. I will attempt
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