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All articles tagged '"writ of mandamus"'
26 articles found
Fifth Circuit Holds Employers Are Not Required to Notify Workers Who Signed Individual Arbitration Agreements of Pending FLSA Class Litigation
By Beth Graham - February 26, 2019
The United States Court of Appeals for the Fifth Circuit has ruled a federal district court committed error when it ordered JPMorgan Chase Bank to notify thousands of current and former employees who signed an arbitration agreement waiving their right to engage in collective action against the company about a pending class action case.
Houston COA Denies Petition for Mandamus Relief Over Arbitration Order
By Beth Graham - June 11, 2018
In a 2-1 decision, the Court of Appeals for the First District of Texas has refused to issue a writ of mandamus directing a lower court to vacate its order compelling arbitration.
Dispute With Dallas Broker Must Be Arbitrated Under FINRA Rules Despite Letter Agreement Designating AAA Arbitration
By Beth Graham - September 24, 2015
Texas’ Fifth District Court of Appeals has ruled that a dispute between a licensed securities broker and an investment company must be arbitrated before FINRA rather than the AAA.
Dallas COA Orders Custom Home Dispute to Arbitration
By Beth Graham - January 28, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained
Nevada Supreme Court Protects Confidentiality of Foreclosure Mediation Program Records
By Beth Graham - November 6, 2013
Last week, the Nevada Supreme Court rejected a non-profit organization’s request to examine records created as part of the state’s Foreclosure Mediation Program.
Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio
By Beth Graham - October 8, 2013
Texas’ Fourth District has held that an arbitration provision in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute.
Corpus Christi COA Affirms Temporary Injunction Pending Arbitration
By Beth Graham - September 18, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute.
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
By Beth Graham - April 12, 2013
In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was
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
Texas Supreme Court Rules on Interlocutory Appeal of an Arbitration Dispute
By Victoria VanBuren - June 23, 2011
The Texas Supreme Court held that Texas Civil Practice and Remedies Code Section 51.016 does not allow an interlocutory appeal of an order appointing an arbitrator. In CMH Homes,et al.v. Adam Perez, No. 10-0688 (Tex., May 27, 2011), Adam Perez purchased a manufactured home from CMH Homes , Inc. from salesman Bruce Robinson Moore, Jr. and Vanderbilt Mortgage and Finance financed the purchase. The contract between CMH Homes and Perez contained an a
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