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All articles tagged '"Court of Appeals"'
135 articles found
Arbitration May Have the Last Word in Contentious Illegal Immigration Case
By Karl Bayer - October 7, 2008
Immigration is a hot topic in today’s global economy as travel becomes cheaper and labor markets become more fluid. However, the rules of immigration can be tricky and, in some cases, contradictory. For instance, in the U.S., the Ninth and Second Circuit Courts of Appeals gave two different rulings on the same issue. In the case of Orozco vs. Mukasey, the Ninth Circuit Court of Appeals found that, “a person who obtains entry into the United State
Order Compelling Arbitration is Reviewable on Final Appeal
By Rob Hargrove - December 14, 2007
In the context of a slightly complicated procedural situation, the Texas Supreme Court made the following ruling earlier today: in a case where a court compels arbitration, the party resisting arbitration files a petition for mandamus challenging arbitration, the petition is denied, the party loses the arbitration, and the party resists confirmation of the award without success, in that case, the party is still able to challenge arbitrability in
Supreme Court Compels Shower Pan Arbitration
By Rob Hargrove - October 12, 2007
The Texas Supreme Court issued a per curiam mandamus opinion compelling an arbitration this morning in a class action suit which alleges that a home builder built a bunch of houses without shower pans. The opinion is not long, but it quickly dispenses with a number of the common contractual arguments parties raise when seeking to avoid arbitration. In other words, it is a handy primer for this type of arbitrability challenge, offering a sort of c
Fraudulent Inducement Claims Must be Arbitrated
By Rob Hargrove - August 24, 2007
In a per curiam arbitrability opinion released today, the Texas Supreme Court held that a fraudulent inducement claim must be arbitrated, if the contract which was allegedly fraudulently induced contained an arbitration clause, even if the party seeking to compel arbitration is not a signatory to that contract. The case involves fraudulent inducement claims by a group of student electricians against a vocational College; they allege that the Coll
Texas Supreme Court finds Agreement to Arbitrate
By Rob Hargrove - August 24, 2007
Yesterday, we posted about a Third Court of Appeals opinion where a party seeking to compel arbitration was found to have not established the existence of an agreement to arbitrate. Today, the Texas Supreme Court addresses the same issue but comes up with the opposite result. The case involved claims by investors against their stock broker based on Enron stock losses. In this case, the plaintiffs, who sought to avoid arbitration, signed contracts
Third Court of Appeals Enforces Conditions Precedent to Arbitration
By Rob Hargrove - June 8, 2007
We have not been as diligent as we like to be recently with respect to this blog, due to, well, the practice of law. Anyhoo, as luck would have it, way back on May 24, when we ought to have been blogging but weren’t, the Third Court of Appeals issued a opinion denying a petition for writ of mandamus in an arbitration case. The issue is one that comes up a lot, and it’s an important one. We are just sorry we did not discuss it sooner.
Death and Divorce in Texas
By Rob Hargrove - April 26, 2007
This morning, the Third Court of Appeals issued an opinion in an interesting case not normally within our area of interest, but which is worth mentioning nonetheless. The opinion, written by Justice Henson, describes the legal confusion which ensues when a couple begins to divorce and executes a mediated divorce settlement agreement but then does not consummate the divorce. In this case, the soon-to-be-ex-wife died the day before the hearing to e
Hairstylists Get Another Day in Court
By Rob Hargrove - March 1, 2007
This morning, the Third Court of Appeals issued an opinion in a procedurally complex case stemming from a group of hairstylists’ claim in quantum meruit that Supercuts failed to pay them for work done “off the clock.” The case was originally filed as a breach of contract class action in 1993; this morning’s opinion marks the fourth time the Third Court has written on it. The opinion spends a large amount of time reciting t
Texas Supreme Court Compels Another Arbitration
By Rob Hargrove - February 23, 2007
This morning, the Texas Supreme Court issued three opinions. The Texas Appellate Law Blog has already posted short summaries of them all (not that we have any interest in a race to do such things, but I would note that I was at the courthouse all morning and not able to check this morning’s orders as promptly as I like to). One of the opinions is another arbitration opinion, so we will discuss it in just a bit of detail. In a per curiam opi
Third Court of Appeals Issues Defamation Opinion
By Rob Hargrove - February 15, 2007
On Tuesday, the Third Court of Appeals issued an opinion dismissing a number of defamation claims brought by Williamson County’s District Attorney against the Smithville Times. The case involved a series of editorials about a Williamson County murder prosecution that ran in the Times in late 2001 and early 2002. The detailed opinion sets forth the burden a public official must meet to prevail on a defamation case. Texas Appellate Law Blog d
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