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All articles tagged '"Texas Supreme Court"'
128 articles found
No, You May Not Contest an Order Granting Arbitration
By Rob Hargrove - June 30, 2006
The Texas Supreme Court ruled this morning to clarify that mandamus review is not necessarily available of an order granting a motion to compel arbitration when the underlying litigation is stayed rather than dismissed. According to the Court, one can only seek review of an order granting arbitration when the evidence shows “clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitrat
Door Knobs, Factual Disputes & Arbitration
By Rob Hargrove - June 30, 2006
This morning, the Texas Supreme Court issued an opinion compelling arbitration of certain claims asserted by the Brownsville Independent School District against an air conditioning company relating to the construction of a school. The Court starts its opinion by clarifying the relationship between the FAA and the TAA in Texas courts. So long as state law does not conflict with the FAA to the extent state law would preclude arbitration (such as in
Texas Law Explosion
By Rob Hargrove - June 30, 2006
The Texas Supreme Court issued twenty-five opinions this morning. That’s right. Twenty-five. At least two are arbitration-related, so we’ll handle those first. After that, I’m not sure what we’ll do, since a 25 opinion day is unprecedented in the history of this blog. Technorati Tags: litigation, Texas Supreme Court, law
Texas Supreme Court send Peterbilt Employee to Arbitration
By Rob Hargrove - June 19, 2006
The Texas Supreme Court has again, via mandamus, overturned a Court of Appeals affirmation of a trial court denial of a motion to compel arbitration. This most recent opinion stems from the Peterbilt Company’s employment forms. The opinion is unremarkable, but it does specify that an employee’s having signed an “acknowledgment” form (i.e. “I acknowledge that I have received the arbitration policy”) is evidence
Texas Supreme Court Rejects More Arguments Against Arbitration
By Rob Hargrove - June 9, 2006
The Texas Supreme Court just issued another decision in the law governing agreements to arbitrate, once again granting mandamus in order to force a case into arbitration. The opinion addresses several of the “hot” issues often raised by parties seeking to avoid arbitration, although perhaps these issues are cooling at this point. The Ripple Family entered into an agreement with a Retailer to purchase a manufactured home. The agreement
Order Compelling Arbitration Final and Appealable
By Rob Hargrove - May 30, 2006
On Friday, the Texas Supreme Court confirmed that Texas law is in line with Federal law holding that a trial court’s order compelling arbitration is final and appealable, and not interlocutory. The opinion is short and provides little in the way of opportunity for pithy commentary, but is useful nonetheless. Childers v. Advanced Foundation Repair, Cause No. 05-0831 Technorati Tags: arbitration, ADR, Texas Supreme Court, law
Texas Supreme Court Issues Workplace Safety Opinion
By Rob Hargrove - May 12, 2006
This morning, the Texas Supreme Court reversed trial court and Tenth Court of Appeals findings that Kroger was liable for injuries one of its employees sustained while helping a customer load grocery bags into her car. The employee in question had placed one hand on the customer’s car door jamb while steadying the cart with his foot when the customer slammed her car door on his hand (the parking lot was on a slope, hence the foot-steadying)
Big Morning at the Texas Supreme Court
By Rob Hargrove - May 5, 2006
The Texas Supreme Court issued seven opinions this morning. We’re still sorting through them, and we will comment in some detail on the ones that are applicable to this blog, but I wanted to at least note them quickly in case any is of immediate interest to any of our readers. I would also note that, after a cursory review, none seems to have anything to do with the law as it pertains to arbitration, although a few certainly do merit furthe
Glen Wilkerson Commentary: May 2, 2006
By Glen Wilkerson - May 2, 2006
[ed. note: please welcome Glen Wilkerson’s first commentary on our blog] It is difficult to recall a time where there is so much transition in Texas law with respect to “insurance matters”. The reason is that the Texas Supreme Court has now pending (awaiting rulings in the next 2 to 3 months) at least four cases which could dramatically change the landscape of Texas law and our practice. The purpose of this email is to provide a
Inverse Condemnation and Impairment of Access
By Rob Hargrove - April 28, 2006
The Texas Supreme Court issued one opinion this morning, explaining Texas law as it applies to inverse condemnation claims based on a state action that allegedly impairs a property owner’s access to his or her property. In this case, the Supreme Court held that since the property owner was entitled to an easement from the state to allow access to a public roadway, no impairment of access had occurred which would have given rise to a condemn
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