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All articles tagged '"MSA"'

10 articles found

Fifth Circuit Orders Halliburton to Arbitrate Insurance Dispute Following Oil Rig Explosion

By Beth Graham - April 23, 2019
The United States Court of Appeals for the Fifth Circuit has ruled an insurance dispute related to an oil rig explosion should be sent to arbitration. 

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Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide

By Beth Graham - September 16, 2014
Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007. Prior to the separation, the companies entered into a number of agreements including a Master Se

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Fifth Circuit Holds Procedural Questions for ICDR to Decide

By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").

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Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement

By Beth Graham - July 19, 2013
The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).

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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

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Medina Valley ISD Reaches a Mediated Settlement in School Prayer Case

By Victoria VanBuren - February 13, 2012
The Medina Valley Independent School District (“ISD”) reached a mediated settlement agreement (“MSA”) with an agnostic family that argued that traditions at the Medina Valley ISD excluded their son’s beliefs. See Schultz v. Medina Valley Indep. Sch. Dist. No. SA-11-CA-422-FB, 2011 U.S. Dist. LEXIS 126969 (W.D. Tex. Nov. 2, 2011). The issue in the case was whether the Constitution allows for a governmental body (the M

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Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue

By Victoria VanBuren - January 26, 2012
We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in tha

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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

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Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope

By Beth Graham - April 19, 2011
The Texarkana Court of Appeals has upheld a mediation settlement agreement (“MSA”) in a divorce proceeding where the mediator was called upon to resolve a factual dispute concerning the scope of the mediation. In In re Allen, No. 06-10-00085-CV (Tex. App. – Texarkana, March 30, 2011), Daphne and James Allen entered into a mediation settlement agreement during divorce proceedings which resulted in the division of a large piece of property that inc

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Corpus Christi COA Dismisses Interlocutory Appeal from an Order Compelling Arbitration

By Beth Graham - March 29, 2011
The Corpus Christi Court of Appeals has held it lacked jurisdiction to hear an interlocutory appeal from a trial court’s order which compelled arbitration and also refused to grant a writ of mandamus because a party failed to show an appellate remedy would be inadequate. In Circle Zebra Fabricators, Ltd. v. Americas Welding Corp., No. 13-10-00591-CV, (Tex. App. – Corpus Christi, March 17, 2011), Circle Zebra by and through Circle Zebra Management

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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