As you may or may not recall, we discussed the doctrine of McCarran-Ferguson Reverse Preemption some time ago and noted that it was working its way through the Texas Courts of Appeals. This past week (on January 11 actually), the Fifth Circuit weighed in, affirming a trial court denial of a motion to compel arbitration on McCarran Ferguson grounds. Under Mississippi law, an uninsured motorist automobile insurance policy cannot require arbitration

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Yesterday, the Fifth Ciruit Court of Appeals handed down an opinion affirming a decision from the Northern District of Texas to vacate an arbitral award where the single arbitrator failed to disclose that he had worked with one of the attorneys in the case on a large piece of patent litigation in the 1990s. The arbitrator and the attorney in question were two of thirty-four lawyers representing Intel in the prior case over the course of several y

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Today, the Texas Supreme Court handed down an opinion on three certified questions from the Fifth Circuit which construes Section 5.077 of the Texas Property Code, which deals with accounting requirements the Code places on sellers of real property pursuant to executory contracts. Justice Medina wrote for the six-Justice majority, Justice Wainright wrote a concurring opinion, and three Justices dissented. Section 5.077(a) of the Property Code req

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