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All articles tagged '"arbitration provision"'
95 articles found
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.
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.
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.
Fifth Circuit Reverses in Part N.D. of Texas’ Order Compelling Arbitration in Health Plan Sales Dispute
By Beth Graham - October 17, 2014
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation.
EnergyBuzz: Arbitration for Energy Disputes
By Beth Graham - October 8, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.”
Northern District of Texas Orders Patent Royalty Dispute to Arbitration
By Beth Graham - October 1, 2014
The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002.
New AAA Consumer Arbitration Rules are Now in Effect
By Beth Graham - September 18, 2014
On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014.
Houston COA Orders All Parties to Arbitration in High Stakes Legal Malpractice Lawsuit
By Beth Graham - September 17, 2014
Texas’ Fourteenth Court of Appeals in Houston has reversed a trial court’s order denying arbitration in a legal malpractice dispute. In Greenberg Traurig, LLP v. National American Ins. Co., National American Insurance Company (NAICO) retained the services of an attorney at Greenberg Traurig, LLP (Greenberg) to defend Okie Foundation Drilling Co., Inc. (Okie) in an appeal in an accidental death case.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
Amarillo Appeals Court Finds Arbitral Award Issued After Deadline May Not be Confirmed
By Beth Graham - May 22, 2014
Texas’ Seventh Court of Appeals in Amarillo has ruled that trial courts may not confirm an arbitral award that was issued after a deadline imposed by a court or the parties’ agreement.
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