Another beautiful week in Austin, Texas. We thought you would be interested to know that the following bills have been introduced recently by the 81st Texas Legislature: S.B. 556. To amend the Insurance Code, by, among other things, adding a clause to provide for binding arbitration agreements within the context of health care contracts with physicians and health care providers. Status: Referred to the Senate Committee on State Affairs on 02/23/2009. H.B. 1635. To abolish the Texas Residential Construction Commission and provide for the phasing out of arbitration claims. Status: Referred to the House Committee of Business and Industry on 03/03/2009.

In Agere Systems Inc. v. Samsung Electronics Co., Ltd., (No. 07-40984), the Fifth Circuit held that the question of arbitrability should be decided by an arbitrator. The dispute between Agere Systems and Samsung Electronics arouse out of five patent cross-licensing agreements (dated 1990, 1995, 1999, 2000, and 2006). In 2006, Agere sued Samsung for breach of the licensing agreement and Samsung responded by invoking a mediation clause contained in the 2000 agreement. After the mediation process failed, Samsung moved to compel arbitration, citing an arbitration clause in the same agreement. The district court denied the request and Samsung appealed. However, because the 2000 agreement provided that “an arbitrator was to determine the questions of arbitrability,” the Fifth Circuit reversed and remanded.

The State Bar of Texas just launched its own blog. The blog includes a directory of Blogs by Texas Lawyers. We are proud to be listed under “New and Noteworthy.” Welcome to the legal blogosphere!

Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue of enforceability of contractual jury waivers, the court analyzed their similarities with arbitration clauses, both falling within the category of forum- selection clauses. See also the Supreme Court of Texas Blog, for discussion of other major cases.