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All articles tagged '"arbitration agreement"'

238 articles found

Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion Wind Energy Dispute

By Beth Graham - February 9, 2015
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No. 3:14-CV-2815-K (February 5, 2015), AVIC and Thompson (“plaintiffs”) entered into a wind energy joint investment agreement with Tang and four others (“defendants”).

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Houston COA Holds Subsequent Employment Contract Did Not Revoke Prior Arbitral Provision

By Beth Graham - February 2, 2015
Texas’ 14th District Court of Appeals in Houston has overturned a district court’s order denying arbitration in an employment dispute. In The Subsea Co. v. Payan, et al., No. 14–13–00849–CV (Tex. App – Houston [14th Dist.], September 18, 2014), an oil and gas specialty component manufacturer, The Subsea Company, hired a woman to serve as an account manufacturer.

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Corpus Christi COA Holds Arbitration Agreement Was Not Unconscionable in Construction Dispute

By Beth Graham - January 9, 2015
In Valli Construction, Inc. v. Alvites Concrete Services, No. 13-13-00295-CV (Tex. App – Corpus Christi, December 30, 2014), a Chevrolet dealership hired a general contractor, Valli, to build a structure for the company. Valli then hired two local subcontractors to complete concrete and plumbing work on the project.

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The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement

By Beth Graham - December 22, 2014
Ramona Lampley, Assistant Professor of Law at St. Mary's University School of Law, has published “The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement,” Brigham Young University Law Review, No. 4, 2013.

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Houston COA Affirms Order Denying Arbitration Where Moving Party Failed to Establish a Valid Arbitral Agreement Existed

By Beth Graham - December 18, 2014
Texas’ Fourteenth Court of Appeals in Houston has affirmed a probate court’s order denying arbitration. In the case, In the Estate of Rosa Elvia Guerrero, No. 14–13–00580–CV (Tex. App. – 14th, September 4, 2014), a woman, Guerrero, agreed to purchase a used sport utility vehicle from a Chevrolet dealership, Champion. As part of the agreement, the woman signed a retail installment sales contract, a security agreement, a buyer’s order, and an ar

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Fifth Circuit Refuses to Compel Non-Signatory to Arbitration in Texas Negligence Case

By Beth Graham - December 9, 2014
The United States Court of Appeals for the Fifth Circuit has refused to enforce a mandatory arbitration provision that was included in a sales agreement against the spouse of a customer. In Joy Zinante v. Drive Electric, L.L.C., No. 14-20072 (5th Cir. 2014), a Texas couple’s home was unfortunately damaged in a fire that was apparently caused by a defective electric golf cart.

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NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA

By Beth Graham - December 1, 2014
The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.

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Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable Agreement

By Beth Graham - October 21, 2014
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion to compel arbitration. In Mission Petroleum Carriers, Inc. v. Kelley, No. 14-14-00072-CV (October 9, 2014), a man, Kelley, was hospitalized over the injuries he sustained in a workplace tractor-trailer accident.

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El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable

By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.

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Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case

By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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