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All articles tagged '"Settlement Agreement"'
12 articles found
SCOTX Affirms Arbitration Award, Finds No Manifest Disregard of the Law in Oil & Gas Dispute
By Beth Graham - April 28, 2017
The Supreme Court of Texas has affirmed a court of appeals’ judgment regarding an arbitration panel’s damages award in an oil and gas exploration and production dispute.
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”).
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
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
Mediation: Questions You’ve Always Had but Were Afraid to Ask
By Victoria VanBuren - December 28, 2011
During 2011, we wrote a series of posts intended to assist lawyers in helping their clients understand the mediation process. Mediation Isn’t Just What Happens on the Day People Get Together… Preparation of the client for mediation is a key component of a successful mediation settlement. Before mediation, the attorney should discuss with the client who should be the mediator, in particular, what qualifications should be desired on the
San Antonio Appeals Court Holds Signatory May Not Waive Non-Signatory’s Right to Arbitrate
By Beth Graham - April 14, 2011
The San Antonio Court of Appeals has held that a signatory’s waiver of its right to arbitrate could not be imputed to its non-signatory agent. In Garcia v. Huerta, No. 04-10-00688-CV (Tex. App. – San Antonio, March 30, 2011) Albert Garcia appealed a trial court’s order which denied arbitration against Edward and Margarita Huerta. The Huertas obtained a home equity loan from Wells Fargo and entered into an arbitration agreement with Wells Fargo as
Ninth Circuit Affirms Mediated Facebook Settlement
By Beth Graham - April 12, 2011
The Ninth Circuit Court of Appeals has enforced a mediation confidentiality agreement and refused to nullify a mediated settlement agreement. In Facebook v. ConnectU, Inc., No. 08-16873, (9th Cir., April 11, 2011), Cameron and Tyler Winklevoss sued Mark Zuckerberg in Massachusetts claiming he stole the idea for the social networking site Facebook from them. Zuckerberg countersued the Winklevosses and their social networking site, ConnectU, in Cal
N.D. of Texas Holds Signatory May Enjoin Another Signatory From Pursuing Litigation Against Non-Signatory
By Beth Graham - April 8, 2011
The Northern District of Texas has held that a signatory to an arbitration agreement may enjoin another signatory from pursuing litigation against a non-signatory. In Salad Bowl Franchise Corp. v. Crane, No. 3:11-CV-0034-D (N.D. Tex., March 17, 2011), Salad Bowl, a Texas corporation with its principal offices in Dallas, entered into a franchise agreement which contained an arbitration clause with New Mexico residents Mason and Henry Crane (“the C
E. D. of Texas Refuses to Vacate Judgment Despite Mediated Settlement Agreement
By Beth Graham - February 9, 2011
The Eastern District of Texas has refused to grant a jointly filed motion for vacatur despite that provisions of the parties’ mandatory mediation settlement agreement required vacatur of portions of the court’s earlier judgment. In Ohio Willow Wood Co. v. Thermo-Ply, Inc., No. 9:07-CV-274, (E. D. Tex., February 3, 2011), the Ohio Willow Wood Company (“OWW”) filed a lawsuit against Thermo-Ply, Inc. for alleged infringement of its paten
Arbitration to Begin This Summer in Dispute Over Tobacco Settlement Agreement
By Victoria VanBuren - June 24, 2010
The Richmond Times reports the latest on the tobacco settlement agreement: Financially pressed states might have to return $1.1 billion to Big Tobacco this year, if a review finds the states aren’t trying hard enough to keep a 12-year-old legal settlement from hurting the companies too much. This summer, states and the nation’s Big Three tobacco firms will begin arbitrating a dispute over 2003 payments made under the settlement, the c
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