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All articles tagged '"arbitration provision"'
95 articles found
San Antonio COA Holds Payday Lender Did Not Waive Right to Arbitrate When it Filed Criminal Charges Against Customers
By Beth Graham - August 4, 2016
In a 2-1 decision, Texas’ Fourth Court of Appeals in San Antonio has ruled that a payday loan business did not waive its right to engage in arbitration when the company filed criminal complaints against its defaulting customers.
SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute
By Beth Graham - February 3, 2016
The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
Texas Supreme Court Finds Arbitration Clause in Attorney-Client Contract Was Not Unconscionable, Against Public Policy or Illusory
By Renee Kolar - June 28, 2015
In Royston, Rayzor, Vickery & Williams, LLP v. Francisco (Frank) Lopez, the Texas supreme court reversed an interlocutory appeal from the Corpus Christi court of appeals, holding that the plaintiff did not prove that an arbitration provision in an attorney-client employment contract was substantively unconscionable nor did the plaintiff prove any other defense to the arbitration provision.
Fort Worth COA Holds Arbitral Agreement Was Incorporated by Reference in Performance Bond Dispute
By Beth Graham - April 2, 2015
In Granite Re Inc. v. Jay Mills Contracting Inc., No. 02-14-00357-CV (Tex. App. – Fort Worth, March 26, 2015), the City of Granbury, Texas hired a contractor, Jay Mills Contracting (“JMC”), to design and install a boardwalk and several docks. After that, JMC contracted with another company, North American Marine Industries (“NAMI”), to complete the project.
The Will as an Implied Unilateral Arbitration Contract
By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.
Fort Worth COA Orders Employment Dispute to Arbitration
By Beth Graham - March 18, 2015
Texas’ Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying arbitration in an employment dispute. In Brand FX, LLC v. Rhine, No. 02-14-00249-CV (Tex. App. – Fort Worth, February 26, 2015), a publicly traded Delaware company that manufactures trucking industry parts hired a Texas man, Rhine, to serve as its Chief Financial Officer in November 2013.
Houston COA Overturns Order Denying Arbitration in Construction Dispute
By Beth Graham - March 13, 2015
Texas’ 14th District Court of Appeals in Houston has reversed a district court’s order denying arbitration in a construction dispute.
Fort Worth COA Orders Condo Purchase Dispute to Arbitration
By Beth Graham - February 24, 2015
Texas’ Second District Court of Appeals in Fort Worth has ordered parties to a condominium sales contract to arbitrate their dispute despite that one purchaser failed to sign the agreement.
Supreme Court of Texas Agrees to Consider Whether Attorney-Client Arbitration Agreement is Unconscionable
By Beth Graham - February 20, 2015
Earlier today, the Supreme Court of Texas agreed to consider whether or not an arbitration agreement between a law firm and its former client was one-sided and substantively unconscionable. In the case, In re: Royston Rayzor Vickery & Williams, LLP, No. 14-0109, a man, Lopez, retained a law firm, Royston Rayzor Vickery & Williams, LLP (“Royston”) to represent him in divorce proceedings related to his common law marriage.
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