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All articles tagged '"Court of Appeals"'
135 articles found
Dallas COA Holds TAA Preempts Collateral Fraud Claims
By Beth Graham - May 12, 2014
Last month, the Dallas Court of Appeals held that fraud claims brought against opposing parties in an arbitration proceeding, counsel for the opposing parties, an arbitrator, and JAMS are preempted by the Texas Arbitration Act (TAA).
10th Circuit Holds FAA Preempts New Mexico Law in Nursing Home Dispute
By Beth Graham - March 9, 2014
The United States Court of Appeals for the 10th Circuit has held the Federal Arbitration Act (FAA) preempts a state law that states “a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring.”
Dallas COA Orders Custom Home Dispute to Arbitration
By Beth Graham - January 28, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained
Texas’ First COA Refuses to Compel Arbitration in Second Lawsuit Regarding Houston Aeronautical Heritage Society Governance
By Beth Graham - December 23, 2013
The First District of Texas Court of Appeals in Houston has refused to compel arbitration in a dispute over the governance of the Houston Aeronautical Heritage Society, Inc. (HAHS).
Texas Supreme Court Agrees to Consider Whether Arbitral Agreement in Cotton Dispute is Unconscionable
By Beth Graham - December 16, 2013
On November 22, the Supreme Court of Texas agreed to hear Venture Cotton Cooperative et al. v. Freeman et al., No. 13-0122.
Texas’ 4th COA Compels Arbitration After Two Years of Discovery Where Party Fails to Offer Evidence of Prejudice
By Beth Graham - December 11, 2013
Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico.
Texas Supreme Court Agrees to Consider What Constitutes Arbitrator Evident Partiality
By Beth Graham - November 25, 2013
On Friday, the Supreme Court of Texas agreed to consider whether an arbitration award in a dispute between two energy companies should be upheld.
Third Circuit Rules Delaware Arbitration Program is Unconstitutional
By Beth Graham - October 23, 2013
Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.
Texas Supreme Court Agrees to Hear Case Involving Arbitrator Disqualification
By Beth Graham - August 26, 2013
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas.
Dallas COA Dismisses Arbitration Award for Lack of Jurisdiction
By Beth Graham - August 15, 2013
Texas’ Fifth District Court of Appeals in Dallas has invalidated an arbitration award for lack of jurisdiction.
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