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All articles tagged '"Supreme Court of Texas"'
67 articles found
The Impact of Chief Justice Jefferson’s State of the Judiciary Speech
By Karl Bayer - June 24, 2013
In March, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary speech before the 83rd Texas Legislature in Austin. Earlier this month, Disputing published the entire text of his speech in a series of three posts.
Texas Supreme Court Issues Emergency Stay to Consider Arbitration
By Beth Graham - June 19, 2013
Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
By Beth Graham - May 9, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio
2012 Year-in-Review – Texas Arbitration Case Law
By Victoria VanBuren - January 9, 2013
Continuing our 2012 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the Texas Supreme Court ruled on appellate court jurisdiction over order confirming arbitration award in part and vacating the award in part. Read more here. In In re Lopez, 372 S.W. 3d 174 (June 8, 2012) the Supreme Cour
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
2011 Arbitration Case Law | Texas Supreme Court
By Victoria VanBuren - December 22, 2011
Continuing our 2011 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. On February 27, 2011, the Texas Supreme Court denied cert to a case where agreement required arbitrator to be Saudi National or Muslim Foreigner. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer syst
Are Mediated Settlement Agreements Enforceable in Texas?
By Victoria VanBuren - July 8, 2011
By Brett Goodman The background rule for enforceability of mediated settlement agreements, as described in the Texas ADR Act, provides that the settlement agreement is enforceable as any other contract, and the court may incorporate the terms of the settlement agreement into the court’s final decree. See Tex. Civ. Prac. & Rem. Code Ann. § 154.071. Although the settlement agreement arises from the suit, enforcement of a mediation agreement, ev
Tort Reform in Texas: Loser Pays Bill Signed into Law
By Holly Hayes - June 28, 2011
Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to create rules for the early dismissal of “causes of action that have no basis in law or fact on motion and without evidence.” The bill also allows trial courts to award attorney’s fees to a prevailing party on the court’s granting or d
Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?
By Victoria VanBuren - June 3, 2011
By Brett Goodman Similar to a court referring a case to mediation in the first place, in Texas, a trial court is under a discretionary standard concerning imposing sanctions for failure to appear. See Roberts v. Rose, 37 S.W.3d 31, 33 (Tex. App. 2000). Discretion is abused when the trial court acts without reference to any guiding rules or principles. See Johnson v.. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985). Courts have an inherent
Texas Supreme Court Denies Cert. Where Agreement Required Arbitrator to be Saudi National or Muslim Foreigner
By Beth Graham - March 16, 2011
The Supreme Court of Texas has denied a party’s petition for a writ of mandamus after the Houston [1st] Court of Appeals held U.S. courts lacked authority to appoint an arbitration panel. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer system which was to be manufactured in the U.S. and installed at Aramco’s offices in Saudi
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