Karl Bayer's Disputing Blog » arbitration clause

TX Supreme Court Allows Non-Signatories to Compel Arbitration

By Rob Hargrove - December 22, 2006

The Texas Supreme Court has in the past year or two emphasized that non-signatories to arbitration agreements can still be required to arbitrate certain disputes. (see prior blog posts here, here, and here). This morning, the Court analyzed circumstances in which a non-signatory can actually compel arbitration pursuant to a contract to which the non-signatory was, of course, not a party. The majority opinion, written by Justice Hecht, continues t

Tortious Interference Claims Must be Arbitrated in Texas

By Rob Hargrove - March 17, 2006

This morning, the Texas Supreme Court issued another mandamus opinion compelling arbitration in the face of a trial court and court of appeals refusal to do so. This time the case involves a claim for tortious interference of contract. James Cashion was an insurance salesman; he signed an agency contract with a health insurance carrier that contained an arbitration clause. The carrier cut Cashion’s commissions and eventually terminated his

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 Clauses are Enforceable even in Illegal Contracts

By Rob Hargrove - February 21, 2006

The U.S. Supreme Court handed down its long-awaited (by us anyway) opinion in the Buckeye Check Cashing Case today. The majority opinion (link is to .pdf version), written by Justice Scalia for a 7-1 majority (Alito did not participate), reverses a decision by the Florida Supreme Court which held that a court, and not an arbitrator, must determine whether or not a contract between a check cashing company and consumers was an illegal violation of

Friday, January 13, 2006

By Rob Hargrove - January 16, 2006

On Friday, the Third Court of Appeals handed down an opinion on a petition for writ of mandamus holding that a Burnet County judge abused his discretion in failing to compel arbitration of a breach of contract claim brought by a partner and his wife against a partnership. The Court held that, under Federal Arbitration Act analysis, Texas law governs questions of whether a valid arbitration clause exists and whether the claims asserted fall within

Non-signatories and arbitration of personal injury claims

By Rob Hargrove - October 31, 2005

On Friday, the Texas Supreme Court handed down an opinion granting Petition for Writ of Mandamus compelling a non-signatory to an arbitration clause to arbitrate personal injury claims the Court itself admits do not stem from the contract which contains the arbitration clause. The plaintiff in the underlying case asserted personal injury claims against a home builder, claiming that she developed asthma from the dust created by the home builder

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