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All articles tagged '"Court of Appeals"'
135 articles found
Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration
By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.
Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability
By Beth Graham - August 6, 2013
Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. - Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle.
Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable
By Beth Graham - August 2, 2013
Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.
Houston’s First COA Upholds Arbitral Award Where Parties Signed Competing Agreements
By Beth Graham - July 24, 2013
Houston’s First District Court of Appeals has upheld an arbitrator’s award in a dispute that arose between an employer and a worker who was hurt on-the-job. In Forged Components, Inc. v. Guzman, No. 01–11–00563–CV, (Tex. App. Dist. 1 - June 25, 2013), Ricky Guzman was pinned by a forklift while working at Forged Components, Inc. (“FCI”).
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
By Beth Graham - July 3, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No. 04-13-00110-CV), several former nursing home residents alleged that a long-term care facility committed a number of acts of negligence against facility patients.
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
Dallas Appeals Court Compels Arbitration in Interlocutory Appeal
By Beth Graham - April 18, 2013
The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.--Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
By Beth Graham - March 7, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully f
Court of Appeals of Texas Finds No Evident Partiality or Gross Mistake and Affirms Confirmation of an Arbitration Award
By Jeremy Clare - November 28, 2012
The Court of Appeals for the First District of Texas at Houston did not find evident partiality or gross mistake and affirmed the district court’s confirmation of an arbitration award. Background In FCA Construction Company, LLC v. J & G Plumbing Services, LLC, No. 01-10-01034-CV (Tex. App.—Houston [1st Dist.] Mar. 8, 2012) a dispute arose between FCA Construction Company (“FCA”) and its plumbing subcontractor, J & G Plumbing Services (“J
Texas Court of Appeals Rules on Validity and Enforceability of Agreement under TRCP 11
By Victoria VanBuren - October 8, 2012
by Jeremy Clare The Court of Appeals for the 1st District of Texas at Houston affirmed two summary judgment orders regarding the enforceability of a rule 11 agreement and the right to prepay under the agreement. Background In General Metal Fabricating Corporation GMF v. Stergiou, No. 01-11-00460-CV (Tex. App.—Houston [1st Dist.] May 24, 2012), Arnold Curry, General Metal Fabricating Corporation, and GMF Leasing, Inc. (“GMF”) and John Stergiou and
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