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All articles tagged '"El Paso"'
11 articles found
El Paso COA Affirms Order Denying Arbitration in Discrimination and Retaliation Case
By Beth Graham - December 21, 2018
The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit.
Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement
By Beth Graham - July 5, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate.
Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute
By Beth Graham - March 9, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals.
El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable
By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
By Beth Graham - May 14, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with American Arbitration Association (“AAA”) rules. The court granted CPC’s motion and compelled the dispute to arbitration but required the parties to engage in arbitration with only one court-appointed arbitrator instead of before a panel of three arbitrators.
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan
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
El Paso Court Adopts De Novo Standard for Review of Arbitration Awards
By Beth Graham - October 26, 2010
In Las Palmas Medical Center v. Moore, No. 08-09-00226-CV (October 6, 2010), the El Paso Court of Appeals reversed a lower court’s decision to overturn an arbitration award and adopted a de novo standard of review for vacation, modification, or confirmation of an arbitration award. In 2004, the Las Palmas Medical Center (Las Palmas) recruited urologists Robert Moore and Deborah Moore to relocate from Houston to El Paso by offering the Moores a gu
Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case
By Victoria VanBuren - August 18, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (“CEL”) is a state-owned utility company in El Salvador and Nejapa Power Company (“NPC”) is a
Texas Supreme Court sends more ex-Dillards Employees to Arbitration
By Rob Hargrove - March 8, 2006
As avid readers of this blog will note, a few weeks back we commented on an opinion from the Texas Supreme Court compelling arbitration in a defamation case against Dillards by a former employee. We speculated (and continue to speculate) that the Court may have indicated that an arbitration agreement which allowed for unilateral modification could be considered illusory, based on the following language: The arbitration agreement and the 2000 rule
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