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All articles tagged '"summary judgment"'
37 articles found
SCOTX Grants Petition For Review Over Local Government Arbitration Question
By Beth Graham - July 1, 2019
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
A Tale of Two Arbitration Waivers: HTC Corporation v. Telefonaktiebolaget LM Ericsson
By Kyle Bailey - February 20, 2019
An ongoing legal battle between smartphone manufacturer HTC Corporation and networking and telecommunications company Ericsson offers a case study in the waiver of arbitration rights in the patent context.
New Treasury Department Report Recommends SEC Allow Shareholder Arbitration
By Beth Graham - October 10, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial market rules. The report titled “A Financial System That Creates Economic Opportunities Capital Markets” was prepared in response to Executive Order 13772, which was issued in early February.
SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award
By Beth Graham - January 26, 2017
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.
Arbitration Conducted Under the TAA May Not Be Vacated on Common-Law Grounds
By Beth Graham - May 21, 2016
On Friday, the Supreme Court of Texas ruled that an arbitral award may not be vacated under the Texas Arbitration Act (“TAA”) based on common-law grounds.
Fifth Circuit Reverses Course in Construction Defect Case
By Beth Graham - January 23, 2015
The Fifth Circuit Court of Appeals has reversed its prior decision affirming summary judgment in favor of an insurance company that refused to pay an arbitral award in a construction defect case. In Crownover v. Mid-Continent Casualty Co., No. 11-10166, a Texas couple, the Crownovers, initiated arbitration against the company that built their defective home, Arrow.
Houston COA Affirms Order Denying Arbitration Where Moving Party Failed to Establish a Valid Arbitral Agreement Existed
By Beth Graham - December 18, 2014
Texas’ Fourteenth Court of Appeals in Houston has affirmed a probate court’s order denying arbitration. In the case, In the Estate of Rosa Elvia Guerrero, No. 14–13–00580–CV (Tex. App. – 14th, September 4, 2014), a woman, Guerrero, agreed to purchase a used sport utility vehicle from a Chevrolet dealership, Champion. As part of the agreement, the woman signed a retail installment sales contract, a security agreement, a buyer’s order, and an ar
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
U.S. Supreme Court Refuses to Consider Class Arbitration Appeal
By Beth Graham - May 21, 2014
The Supreme Court of the United States has refused to consider whether an arbitrator, rather than a court, is properly tasked with deciding if an arbitral agreement permits class arbitration.
Dallas COA Holds Arbitral Record Sufficient to Support Summary Judgment in Insurance Dispute
By Beth Graham - August 22, 2013
The Dallas Court of Appeals has granted partial summary judgment in an insurance dispute that arose following arbitration.
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