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All articles tagged '"Supreme Court of Texas"'
67 articles found
Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute
By Beth Graham - March 10, 2015
On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Supreme Court of Texas Agrees to Consider Whether Attorney-Client Arbitration Agreement is Unconscionable
By Beth Graham - February 20, 2015
Earlier today, the Supreme Court of Texas agreed to consider whether or not an arbitration agreement between a law firm and its former client was one-sided and substantively unconscionable. In the case, In re: Royston Rayzor Vickery & Williams, LLP, No. 14-0109, a man, Lopez, retained a law firm, Royston Rayzor Vickery & Williams, LLP (“Royston”) to represent him in divorce proceedings related to his common law marriage.
Arbitral Panel Issues $10 Million Award Against Disgraced Bicyclist Lance Armstrong
By Beth Graham - February 17, 2015
Earlier this month, an arbitration panel issued a $10 million award against former professional bicyclist Lance Armstrong and now-defunct team management company Tailwind Sports Corporation. The award resulted after an arbitral panel agreed to reopen 2005 arbitration proceedings between Armstrong and Dallas-based SCA Promotions over cycling-related bonuses.
U.S. Supreme Court Asked to Review Texas Supreme Court Decision Overturning $26 Million Arbitral Award
By Beth Graham - January 30, 2015
The United States Supreme Court has been asked 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 court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.
Supreme Court of Texas Reverses Appellate Court’s Holding in Arbitration Waiver Case
By Beth Graham - December 31, 2014
The Supreme Court of Texas has reversed an appellate court’s holding that a company waived its right to arbitration by substantially invoking the judicial process. In Richmont Holdings, Inc. v. Superior Recharge Systems, L.L.C., No. 13-0907 (Tex., December 19, 2014), Richmont Holdings purchased the assets of another company, Superior Recharge Systems, through an affiliate.
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
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration
By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.
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