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All articles tagged '"summary judgment"'
37 articles found
Fifth Circuit Finds Information Contained in Arbitration Award Insufficient to Determine Insurance Coverage
By Victoria VanBuren - October 21, 2011
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including
Mediation and Legal Malpractice
By Victoria VanBuren - August 3, 2011
By Brett Goodman In Texas, only a few cases have come out of the last decade concerning legal malpractice as relating to mediation. In Lehrer v. Zwernemann, after being unsatisfied with the work of the two attorneys he hired in a divorce proceeding, Lehrer sued two attorneys for malpractice. See Lehrer v. Zwernemann, 14 S.W.3d 775, 776 (Tex. App. – Hous. [1st Dist.] 2000, pet. denied). This subsequent suit went to mediation, but Lehrer again unsa
What if there is an Insurance Claim Involved in my Mediation?
By Victoria VanBuren - July 29, 2011
Liability insurance policies often contain alternative dispute resolution clauses, including: (1) Binding arbitration only; (2) Mediation and, if mediation is unsuccessful, then binding arbitration; (3) Election between mediation and arbitration, with insured having veto power over the insurer’s selection; and (4) Mediation or binding arbitration with a waiting period before suit is filed if mediation is selected. See Ernest Martin, Jr, Hot Tips
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
El Paso Court Adopts De Novo Standard for Review of Arbitration Awards
By Beth Graham - October 26, 2010
In Las Palmas Medical Center v. Moore, No. 08-09-00226-CV (October 6, 2010), the El Paso Court of Appeals reversed a lower court’s decision to overturn an arbitration award and adopted a de novo standard of review for vacation, modification, or confirmation of an arbitration award. In 2004, the Las Palmas Medical Center (Las Palmas) recruited urologists Robert Moore and Deborah Moore to relocate from Houston to El Paso by offering the Moores a gu
The Fifth District of Texas Holds Confidentiality Protections Afforded by the Texas Civil Practice and Remedies Code Apply to Mediations
By Beth Graham - September 21, 2010
The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. In In re Empire Pipeline Corp., No. 05-10-01044-CV, (Tex.-App.—Dallas Sept. 15, 2010), the relators, Empire Pipeline Corporation, Empire Exploration, L.P. and Empire Exploration Corporation, sought relief
Texas Appeals Court Finds No ‘Meeting of the Minds’ in Dispute Over Mediation Cancellation Fee
By Victoria VanBuren - February 15, 2010
[Ed. note: hat tip to our blog contributor Don Philbin.] The Fourteenth Court of Appeals of Texas held that silence does not create a contract to pay a mediation cancellation fee. In The Levin Group, PC v. Sigmon, no. 14-08-01165-CV (Tex.App.-Houston [14th Dist.] Jan. 21, 2010) the Levin Law Group, P.C. (LLG) sued Ernesto de Andre Sigmon for breach of an agreement to mediate the underlying civil lawsuit. Alan F. Levin, the principal at LLG, was h
Atlantic Coast In-House Article: The Role of Special Master in E-Discovery
By Victoria VanBuren - September 15, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote an interesting piece about the role that a special master plays in electronic evidence disputes. Mr. Vogel writes that a special master in e-discovery usually: conducts interviews of IT employees; reviews software; examines data; searches websites; holds hearings on various disputes; assists judges by reviewing motions for summary judgment; and has priva
Texas Supreme Court Update
By Rob Hargrove - February 9, 2007
The Texas Supreme Court handed down five opinions this morning. None is about arbitration, so we’ll give them short shrift here. City of San Antonio v. TPLP Office Park Properties is a discussion of the City of San Antonio’s potential police power to close access to certain roadways in order to address residents’ complaints about commercial traffic in their neighborhood. Cause No. 04-1130. In Norris v. Thomas, a five-justice maj
Sovereign Immunity Procedure
By Rob Hargrove - August 18, 2006
The Third Court of Appeals has released an opinion on an interlocutory appeal which clearly sets forth the rule that in enacting the Whistleblower Act the Texas Legislature waived immunity from both suit and liability, and that a governmental entity is not entitled as a matter of right to an evidentiary hearing on a plea to the jurisdiction on sovereign immunity grounds. First, some quick background. The Texas Supreme Court has held that sovereig
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