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All articles tagged '"Texas Supreme Court"'
128 articles found
GUEST-POST: Arbitration Hearing Technology – Using PowerPoint to Streamline the Hearing
By Victoria VanBuren - August 20, 2009
By Peter S. Vogel A software vendor made an arbitration demand that its hospital customer failed to pay thousands of dollars for its annual computer software maintenance support, and the hospital responded that it had terminated the agreements. Sounded like a pretty simple and straight forward dispute. At the preliminary telephone hearing the parties requested two days for the hearing. Discovery ran its normal course and the software vendor claim
Alternative Resolutions Article: Third Party Claims Regarding Arbitration
By Victoria VanBuren - August 19, 2009
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te
GUEST-POST: Creative Mediation for IT Dispute
By Victoria VanBuren - August 12, 2009
By Peter S. Vogel After receiving a Temporary Restraining Order (“TRO”) the Judge ordered a mediation conference between the plaintiff software licensor and their customer in Alabama. The software in dispute was a specialized tax website that the plaintiff had spent many years developing, and after defendant abruptly terminated the license the plaintiff was shocked that the defendant had a competing website providing specialized tax s
Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery
By Victoria VanBuren - July 21, 2009
The Supreme Court of Texas held that a court abused its discretion by permitting discovery instead of deciding a motion to compel arbitration. In re Houston Pipe Line Co., __S.W.3d __ (Texas 2009) (No. 08-0800) involves a gas purchase agreement between Houston Pipe Line Company, L.P. and O’Connor & Hewitt, Ltd. The agreement was based on the Houston Ship Channel Price Index (the “Index”) and contained the following arbitrati
Professor Alan Scott Rau Comments on In re Morgan Stanley
By Victoria VanBuren - July 15, 2009
Professor Alan Scott Rau has forwarded us the following comments relating to our post of yesterday, in which we summarized the recent Texas Supreme Court case of In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665). The Texas Supreme Court gets it absolutely right [and totally without regard to the fact that they quote me.] How could it be otherwise? Compare Justice Hecht’s dissent: “A raving lunatic in a stra
Texas Supreme Court Holds that the Court, not the Arbitrator Should Decide the Issue of Capacity to Contract
By Victoria VanBuren - July 14, 2009
The Texas Supreme Court held that a trial court did not abuse its discretion by declining to submit to the arbitrator the question of whether a party to an arbitration agreement lacks the mental capacity to assent. Justice Medina delivered the opinion of the court, in which Chief Justice Jefferson and Justices Wainwright, Green, Johnson, and Willett joined. Justice Brister filed a concurring opinion, Justice Willett filed a concurring opinion, Ju
Law Review Article: “Disappearing Juries and Jury Verdicts”
By Victoria VanBuren - July 13, 2009
To follow up on our post of last week. We are pleased to recommend another excellent law review article, “Disappearing Juries and Jury Verdicts,” 39 Tex. Tech L. Rev. 289, written by the Honorable Sam Sparks, U.S. District Judge for the Western District of Texas and DLA Piper attorney George B. Butts. The article traces the history of jury trials, presents statistics reflecting the decline in the number of cases tried, and discusses F
Texas Supreme Court Rules on Arbitration of Tort Claims in Employment Contract
By Victoria VanBuren - July 6, 2009
The Supreme Court of Texas held that a post-injury arbitration acknowledgment agreement is valid and compelled arbitration of tort claims within the context of an employment contract. In In re Macy’s Texas, Inc., __ S.W.3d __ (Texas 2009) (No. 08-0584), Erica Tomsic was an employee at department store Macy’s. Tomsic claims to have injured her back while working at the store in April 2007. On May 9 2007, Tomsic signed an “Arbitra
Texas Supreme Court Rules on Burden of Proof in Arbitration Agreement
By Victoria VanBuren - June 15, 2009
Last Friday, the Texas Supreme Court held that a party challenging a forum-selection clause has the burden of proving the clause is invalid. In In re International Profit Associates, Inc, ___ S.W.3d ___ (Tex. 2009) (Cause No. 08-0531), Riddell Plumbing, Inc. (Riddell) hired International Profit Associates, Inc. (IPA) to provide consulting services. Their contract contains the following forum-selection clause: At [Riddell’s] election, [IPA agrees]
Texas Supreme Court: In Re jindal and In Re Bank of America
By Victoria VanBuren - March 2, 2009
Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue o
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