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All articles tagged '"Court of Appeals"'
135 articles found
Texas Court of Appeals Reversed Vacatur of $125 Million Arbitration Award
By Victoria VanBuren - September 17, 2012
by Jeremy Clare The Court of Appeals for the Fifth District of Texas at Dallas reversed the district court’s vacatur of a $125 million arbitration award and confirmed the award because the appellee failed to raise its complaint during the arbitration process. Background In Ponderosa Pine Energy, LLC, v. Tenaska Energy, Inc., et al, No. 05-10-00516-CV (Tex.App.—Dallas August 20, 2012), an arbitration panel awarded Ponderosa Pine Energy, LLC (“Pond
California Court of Appeals Denies Confirmation of Award Due to NonPayment of Arbitrator’s Fees
By Victoria VanBuren - April 19, 2012
In Cinel v Christopher, 203 Cal. App. 4th 759, 136 Cal. Rptr. 3d 763 (Cal. App. 2d Dist. 2012), the Second District California Court of Appeal reviewed an order denying a petition to confirm an arbitration award. Defendant appealed an order of the Superior Court of Los Angeles County, California, denying his petition to confirm an arbitration award. The matter had gone to arbitration pursuant to an underlying contract between plaintiff, defendant
Eleventh Circuit Rules that Mediation Costs Are not Recoverable for FDCPA Plaintiff
By Victoria VanBuren - April 2, 2012
The United States Court of Appeals for the Eleventh Circuit held recently that a plaintiff who prevails in a lawsuit under the Fair Debt Collection Practices Act (“FDCPA”) cannot recover the fees paid for a court-ordered mediation. See Nicholas v. Allianceone Receivables Management, Inc., No. 11-13764 (11th Cir. Jan. 10, 2012). The court reasoned that the plaintiff was not entitled to mediation fees because those costs are not taxable
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
NY Court of Appeals Rules on Federal Evident Partiality Standard and Confims Arbitration Award
By Victoria VanBuren - December 15, 2011
The New York Court of Appeals affirmed an arbitration award arising out of a breach of contract dispute. See U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. 2011 NY Slip Op 8179 (N.Y. Nov. 15, 2011). In the present case, United States Electronics, Inc. (“USE”) sought to vacate an arbitration award in favor of Sirius Satellite Radio, Inc. (“Sirius”). USE claimed that the chairman of the arbitration panel’s son, a mem
Indiana Court of Appeals Denies Motion to Compel Arbitration Because Arbitration Firm is no Longer Available
By Victoria VanBuren - December 13, 2011
In Geneva-Roth Capital, Inc. v. Edwards, 956 N.E.2d 1195 (Ind. Ct. App. Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. In the present case, Akeala Edwards filed a class action suit on behalf of herself and a purported class of Indiana residents who obt
El Paso Court of Appeals Denies Motion to Compel Arbitration in Employment Case
By Victoria VanBuren - November 10, 2011
In Young Mens Christian Assoc. of Greater El Paso, Texas et al. v. Garcia, No. 08-11-00096-CV (Tex. App. – El Paso Oct. 26, 2011) Jose G. Garcia brought discrimination and retaliatory discharge action against Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, YMCA of Greater El Paso, YMCA of El Paso, and Fred & Maria Loya YMCA (collectively referred to as the “YMCA“), Garcia’s former empl
Texas Court of Appeals Rules on Interlocutory Appeal of Motion to Compel Arbitration
By Victoria VanBuren - November 7, 2011
In Schlumberger Technology Corp. v. Baker Hughes Inc., No. 01-11-00562 (Tex.App. – Houston [1st Dist.] Oct. 13, 2011) Schlumberger Technology Corp. (“Schlumberger” ) and Baker Hughes Inc. (“Baker Hughes”) are in an arbitration proceeding to resolve a patent infringement dispute. During the arbitration, a disagreement arose about whether the presiding panel of arbitrators has jurisdiction to determine an issue raised
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