Karl Bayer's Disputing Blog » Texas Supreme Court

Non-signatories and arbitration of personal injury claims

By Rob Hargrove - October 31, 2005

On Friday, the Texas Supreme Court handed down an opinion granting Petition for Writ of Mandamus compelling a non-signatory to an arbitration clause to arbitrate personal injury claims the Court itself admits do not stem from the contract which contains the arbitration clause. The plaintiff in the underlying case asserted personal injury claims against a home builder, claiming that she developed asthma from the dust created by the home builder

Medical Privileges in Texas

By Rob Hargrove - October 14, 2005

Today, the Texas Supreme Court handed down an opinion granting a petition for writ of mandamus pertaining to a nursing home’s claim that certain documents were privileged from discovery based on four distinct asserted privileges: the medical committee privilege; the medical peer review committee privilege; the nursing peer review committee privilege; and the quality assessment and assurance privilege. The Court grants the petition for writ

When is a Premises Claim a Medical Negligence Claim?

By Rob Hargrove - October 14, 2005

Today, the Texas Supreme Court handed down an opinion reversing a decision by the Dallas Court of Appeals which in turn had reversed a trial court’s dismissal of a nursing home resident’s claims on limitations grounds. In the underlying case, the resident alleged that she was sexually assaulted in a nursing home and asserted what she characterized as premises liability claims against the home. The claims were more than five years old

Reverse Pre-Emption of the FAA!

By Rob Hargrove - October 14, 2005

This morning, the Texas Supreme Court made vague reference to the possibility that the Federal Arbitration Act can be reverse pre-empted by the McCarran-Ferguson Act. Since this is the sort of thing we find fascinating, I poked around a bit. As readers of this blog know, certain language (in 10-point boldface type no less) must be present in any arbitration agreement that would require a patient or prospective patient to arbitrate a medical liabi

Friday, September 30, 2005

By Rob Hargrove - September 30, 2005

Today, the Texas Supreme Court handed down an opinion on three certified questions from the Fifth Circuit which construes Section 5.077 of the Texas Property Code, which deals with accounting requirements the Code places on sellers of real property pursuant to executory contracts. Justice Medina wrote for the six-Justice majority, Justice Wainright wrote a concurring opinion, and three Justices dissented. Section 5.077(a) of the Property Code req

ARBITRATION LEGITIMACY — UNCONSCIONABILITY

By Rick Freeman - September 19, 2005

Guest blogger Rick Freeman contributes commentary about a recent San Antonio Court of Appeals opinion about the enforceability of arbitration clauses. In my last article I discussed the need for fairness in arbitration agreements. Failure to have fair terms in the arbitration agreement or failure to provide a fair arbitration proceeding will result in a perceived lack of legitimacy in the arbitration result. If arbitration results are not perceiv

Friday, September 16, 2005

By Rob Hargrove - September 16, 2005

The Texas Supreme Court did not hand down any opinions this morning, but it did grant three petitions for review. If time permits, we may offer a bit of discussion as to the cases the Court has decided to review. For now, however, I’ll just post links to the underlying opinions, so that curious readers can stay up to speed. We’re still figuring out the scope of this blog, so we’re not sure if discussion of the granting of Petiti

Friday, August 26, 2005 Entry – What is AirSoft ?

By Rob Hargrove - August 26, 2005

What is Airsoft? Here’s a quick description: Airsoft is a sport where players engage in simulated gun combat, (not too dissimilar to paintball), with high powered BB weapons. If you’re a parent, trying to understand why your child keeps asking about airsoft, then you might want to read our Parents Guide to Airsoft. It should help you understand airsoft from a parental point of view. However, the following post will still be helpful to you. Here y