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All articles tagged '"arbitration provision"'
95 articles found
Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration
By Beth Graham - March 12, 2014
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.
S.D. Texas Compels Wireless Telephone Franchise Dispute to Arbitration
By Beth Graham - November 21, 2013
The Southern District of Texas has compelled a contract dispute over the operation of a number of wireless telephone stores to arbitration.
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.
Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel
By Beth Graham - October 17, 2013
The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel.
Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio
By Beth Graham - October 8, 2013
Texas’ Fourth District has held that an arbitration provision in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute.
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
By Beth Graham - May 9, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio
Dallas Appeals Court Holds Arbitral Award Must Stand in Construction Dispute
By Beth Graham - April 27, 2013
The Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision to confirm an arbitral award in a construction dispute. In Goldman v. Buchanan, Beryl Goldman entered into a contract to design and build a new house with an architect, Russell Buchanan, and a builder, Lawrence Wallace. The parties' agreement contained an arbitration provision.
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
By Beth Graham - April 5, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. Under direct-benefits estoppel principles, a nonsignatory must arbitrate a claim if she seeks, through the claim, to derive a direct benefit from the contract containing the arbitration provision.
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
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