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All articles tagged '"summary judgment"'
37 articles found
Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration
By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
By Beth Graham - May 7, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
By Beth Graham - February 27, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in th
Fifth Circuit Affirms Arbitration Decision on Collective Bargaining Agreement
By Beth Graham - February 13, 2013
In January, the United States Fifth Circuit Court of Appeals upheld an arbitrator’s decision in a case that arose pursuant to a collective bargaining agreement. In Albemarle Corporation v. United Steel Workers AOWU Local 103, No. 11-31185 (5th Cir. Jan. 3, 2013), two Albemarle Corporation (“Albemarle“) employees were terminated for alleged safety violations. Their union, United Steel Workers (“USW”), represented the men in arbitration under the p
Former Client Disputes Arbitration Decision Awarding $3M in Attorney Fees
By Beth Graham - February 7, 2013
On January 29th, a unique case was filed in Dallas County. In Parallel Networks, Inc. v. Jenner & Block, LLP, a former client of the law firm filed a motion to vacate an arbitral award of $3 million in attorney fees. In the case, Jenner & Block represented Parallel Networks on a contingency fee basis in a lawsuit against Oracle. After losing a motion for summary judgment, the law firm reportedly determined that Parallel Networks was unlik
Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA
By Jeremy Clare - December 27, 2012
The United States Court of Appeals for the Fifth Circuit affirmed the district court’s order to compel arbitration finding that it was the arbitrator’s task to evaluate the scope of the grievance and the CBA. Background In International Brotherhood of Electrical Workers, Local Union No. 716, AFL-CIO v. Albemarle Corporation, Inc., No. 11-20883 (5th Cir. June 18, 2012) the International Brotherhood of Electrical Workers (“Union”) filed a grievance
Fifth Circuit Upholds: UPS Union Members Can Bring Title VII Claims in a Federal Judicial Forum
By Jeremy Clare - December 26, 2012
The United States Court of Appeals for the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Background In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), Amber Ibarra worked as a package car driver for the United Parcel Service (“UPS”), but was terminated from her job after she lost control of her van and stru
Texas Court of Appeals Rules on Validity and Enforceability of Agreement under TRCP 11
By Victoria VanBuren - October 8, 2012
by Jeremy Clare The Court of Appeals for the 1st District of Texas at Houston affirmed two summary judgment orders regarding the enforceability of a rule 11 agreement and the right to prepay under the agreement. Background In General Metal Fabricating Corporation GMF v. Stergiou, No. 01-11-00460-CV (Tex. App.—Houston [1st Dist.] May 24, 2012), Arnold Curry, General Metal Fabricating Corporation, and GMF Leasing, Inc. (“GMF”) and John Stergiou and
Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration
By Victoria VanBuren - February 21, 2012
On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011). The questions presented are: Can a court affirm a district court’s sua sponte co
Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA
By Victoria VanBuren - November 29, 2011
In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part
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