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All articles tagged '"Supreme Court of Texas"'

67 articles found

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

By Beth Graham - October 5, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

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Supreme Court of Texas Holds Company Did Not Waive Right to Arbitration

By Beth Graham - August 1, 2016
The Supreme Court of Texas has ruled that a company did not waive its right to arbitration by engaging in the litigation process with a third party.

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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.

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Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute

By Beth Graham - March 9, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals.

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U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute

By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).

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Texas Supreme Court Agrees to Consider Whether Estate Arbitration Award Should Have Been Vacated

By Beth Graham - November 23, 2015
On Friday, the Supreme Court of Texas agreed to consider whether the Fourth Court of Appeals in San Antonio committed error when it refused to vacate an arbitral award on common-law grounds in a mineral and property rights transfer dispute among family members.

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Faith-Based Arbitration Increasing Across the U.S.

By Beth Graham - November 19, 2015
The arbitration process has the potential to eliminate many of the negative aspects of litigation including lengthy delays, inefficiencies, and confidentiality concerns.

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Dallas COA Holds Trial Court Abused Discretion When it Denied Discovery Regarding Arbitrator’s Purported Evident Partiality

By Beth Graham - July 2, 2015
Texas’ Fifth District Court of Appeals in Dallas has ruled that a trial court abused its discretion when it refused to allow a party to a lawsuit to engage in discovery over an arbitrator’s purported evident partiality.

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U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26 Million Arbitral Award

By Beth Graham - May 28, 2015
The United States Supreme Court has declined to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas Supreme Court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.

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Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration

By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.

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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.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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