Menu
All articles tagged '"Texas Supreme Court"'
128 articles found
Texas Court of Appeals Holds that Incorporation of AAA Rules Evidenced Intent to Allow Arbitrator to Decide Gateway Questions
By Victoria VanBuren - May 5, 2010
We got this interesting case from Jeffrey A. Ford, from the Dallas firm of Ford Nassen & Baldwin P.C.: For those who care about Texas jurisprudence dealing with arbitrations, here you will find an opinion issued April 29, 2010, by the 5th District Court of Appeals in Texas. Of interest is the Court’s ruling that the incorporation of AAA Rules in the Contract satisfied the requirement that there be clear and unmistakable evidence of inte
A Case that Has Gone Through Litigation, Arbitration, and Mediation: Cull and Cull v. Perry Homes
By Victoria VanBuren - April 24, 2010
It has been a long road for Mr. and Mrs. Cull. Here are the facts of the case: In 1996, the Culls bought a home from home builder Perry Homes and warranties from Home Owners Multiple Equity, Inc. and Warranty Underwriters Insurance Company. In 2000, the Culls sued the warranty companies over problems with their house foundation and construction. They claimed that their home had defects that caused its appraised value to plummet from more than $23
GUEST-POST | 210 Billion Emails Sent Each Day –It’s Time to Use eMediation or Special Masters in eDiscovery – Webcast on February 16, 2010 (State Bar of Texas CLE)
By Victoria VanBuren - January 15, 2010
by Peter S. Vogel Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the more than 1 trillion text messages sent in 2008. eDiscovery has impacted every lawsuit in every courthouse, and with this unbelievable number of emails and text messages litigation will never be the same. After the Guest Post last November about Allison Skinner’s Brilliant idea about eMediation, Allison and I have received gr
2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
2009 Arbitration Case Law: Texas Supreme Court
By Victoria VanBuren - December 9, 2009
Continuing with our 2009 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down by the Texas Supreme Court. The landmark case In re Poly-America, L.P. , 262 S.W.3d 337 (Tex. 2008) decided in 2008, involves a retaliatory-discharge claim. The court concluded that fee-splitting schemes in an arbitration agreement are unconscionable. (post available here) In February, the court decided three arbitration-
Texas Supreme Court Compels Arbitration of Employment Discrimination Claims
By Victoria VanBuren - November 10, 2009
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica, __S.W.3d __ (Tex. 2009) (No. 08-1064), Polymerica, L.L.C. d.b.a Global Enterprises, Inc. (“Global”), a manufacture of plastics, hired Angelica Soltero in 1998. In 2002, Global con
Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award
By Victoria VanBuren - November 5, 2009
Within the five opinions released by the Texas Supreme Court on October 30, Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc., (Texas 2009) (No. 08?0780) caught our attention. The case deals with a dispute over insurance coverage to pay for a $1.5 million defamation arbitration award granted to Noe Martinez, a former employee of Greenspoint. The award was confirmed by a district court in Harris County back in 2002. See Martinez. v. Gre
GUEST-POST | Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea
By Victoria VanBuren - October 29, 2009
By Peter S. Vogel Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great mod
Texas Governor Appoints Justice Eva Guzman to Serve on the Texas Supreme Court
By Victoria VanBuren - October 8, 2009
Texas Governor Rick Perry appointed today Justice Eva Guzman of the 14th Court of Appeals to serve on the Supreme Court of Texas. Justice Guzman will replace Justice Scott Brister, who left the court in September. As Don Cruse at the Supreme Court of Texas Blog points out, an appointed Justice does not have to be confirmed by the Texas Senate until the next session, so Justice Guzman can run for a six-year term in 2010. Read more at the Houston C
GUEST-POST: Bad Faith Mandatory Mediation by Software Developer
By Victoria VanBuren - August 28, 2009
By Peter S. Vogel The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new Enterprise Resource Program (ERP) system for a large company in Mississippi. Unfortunately as things turn out abou
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy