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All articles tagged '"Court of Appeals"'
135 articles found
Dallas Court of Appeals Compels Arbitration in Attorney-Client Dispute
By Beth Graham - November 17, 2010
The Dallas Court of Appeals has overturned a district court’s refusal to compel arbitration in two related attorney-client dispute cases. In BDO Seidman, LLP v. J.A. Green Development Corp., 05-09-01520-CV (Tex. App. – Dallas, Nov. 9, 2010) and Sidley Austin Brown & Wood, LLP v. J.A. Green Development Corp., 05-10-0008-CV (Tex. App. – Dallas Nov. 9, 2010), real estate development company Green sought tax advice from BDO Seidman and Sidley Aus
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
By Beth Graham - November 4, 2010
The Dallas Court of Appeals has held the mandatory notice requirements set forth in Section 74.451 of the Texas Civil Practice and Remedies Code rendered an arbitration provision unenforceable where the McCarran-Ferguson Act (MFA), 15 U.S.C. § 1012(b), preempted the Federal Arbitration Act (FAA). In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (F
Dallas Appeals Court Holds Arbitration Agreement Not Altered
By Beth Graham - October 28, 2010
The Dallas Court of Appeals has held that a letter which sought clarification regarding whether the other party to a contract wished to proceed with arbitration as provided for in the contract or whether a claim should be filed before a state district court did not alter the arbitration agreement. In Minkoff v. Hicks, No. 05-10-00606-CV (Tex. App. — Dallas, Oct. 21, 2010), Peter Minkoff entered into a contract to build a residence for Jeffrey Hic
Beaumont Court of Appeals Holds Arbitration Agreement Enforceable Despite “Biblical Scripture” Aspects
By Beth Graham - October 12, 2010
The Beaumont Court of Appeals has held that an arbitration agreement in an employment contract was valid and enforceable despite that the agreement included biblical scripture aspects and the parties failed to seek biblically based meditation prior to submitting their dispute to arbitration. In The Woodlands Christian Academy v. Weibust, 09-10-00010-CV, (Tex. App. – Beaumont, October 7, 2010), Monica Weibust brought claims against her former empl
Tyler Court of Appeals Holds Routine Employment Practice Insufficient to Prove Arbitration Agreement Exists
By Beth Graham - September 23, 2010
The Twelfth District Court of Appeals of Texas has held that evidence of a routine employment practice was insufficient to prove an arbitration agreement existed. In In re Astro Air, L.P., No. 12-10-00108-CV (Tex. App. – Tyler September 15, 2010), Sharron Hall was hired by Astro Air, L.P. in December 2005 and remained an employee of Astro until she suffered an on the job injury in July 2007. Hall sued Astro, alleging that her injury was result of
The Fifth District of Texas Holds Confidentiality Protections Afforded by the Texas Civil Practice and Remedies Code Apply to Mediations
By Beth Graham - September 21, 2010
The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. In In re Empire Pipeline Corp., No. 05-10-01044-CV, (Tex.-App.—Dallas Sept. 15, 2010), the relators, Empire Pipeline Corporation, Empire Exploration, L.P. and Empire Exploration Corporation, sought relief
The First Court of Appeals of Texas Limits Scope of Special Master Authority in eDiscovery
By Beth Graham - September 16, 2010
In a very troubling opinion, the First Court of Appeals of Texas has held that providing a special master with unrestricted access to all documents on a hard drive and discretion to employ or modify search terms is impermissible when discovery is ordered in a special appearance context. In In re Howard K. Stern, No. 01-09-00438-CV, (Tex. App.—Houston [1st Dist.] August 25, 2010) celebrity Anna Nicole Smith’s mother, Virgie Arthur, alleged in an u
First Court of Appeals of Texas Holds a Cooperative Law Agreement in a Divorce Proceeding Does Not Violate Public Policy
By Beth Graham - September 14, 2010
The First Court of Appeals of Texas held in a case of first impression that a cooperative law agreement in a divorce proceeding does not violate public policy. In In re Mary Lynn Mabray, No. 01-09-01099-CV (Tex. App.-Hous. (1 Dist.) August 31, 2010) the relator, Mary Lynn Mabray, challenged a trial court’s order denying her motion to disqualify counsel from representing her husband, Gary Allen Mabray, and her motion to revoke consent to arb
Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”
By Beth Graham - September 8, 2010
Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup
Bilski v. Kappos: U.S. Supreme Court Rules that Business Methods Survive
By Victoria VanBuren - June 28, 2010
The US. Supreme Court decided today the high-stakes software patent case Bilski v. Kappos, No. 08-964, June 28, 2010, affirming the Federal Circuit’s judgment. (find our previous post here) In Bilski, the Federal Circuit had rejected patent claims involving a method of hedging risks in commodities trading. The questions decided by the Court were: (1) whether the Federal Circuit erred by creating the so-called “machine or transformation” tes
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