News & Analysis as of

TX Supreme Court Arbitration Agreements

Charles E. Rounds, Jr. - Suffolk University...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

Carlton Fields

Texas Supreme Court Remands Case in Light of Recent Ruling That Arbitrator Must Determine Arbitrability for AAA Arbitration...

Carlton Fields on

In a lawsuit brought by a car dealership (Lone Star) against a car auction company (Alliance), the latter moved to compel arbitration as a third-party beneficiary of an agreement between Lone Star and a separate company that...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Gray Reed

Texas Supreme Court Decides Arbitrability of Offshore Agreements

Gray Reed on

In TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico LLC. the Supreme Court of Texas resolved the chaos created by conflicting dispute resolution regimes in three contracts for ownership and operation of an offshore unit and...more

FordHarrison

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration...

FordHarrison on

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more

Seyfarth Shaw LLP

Worth the Wait – Texas Supreme Court Tells The Trial Judge To Compel Arbitration Nine Years After the Lawsuit was Filed

Seyfarth Shaw LLP on

Seyfarth Synopsis: In 2013, Yvonne Cardwell, a dishwasher at a Whataburger in El Paso, Texas, was injured when a heavy object fell off of a top shelf and hit her in the head. Whataburger moved to compel the lawsuit she filed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

Vinson & Elkins LLP

A Second Bite At The Cattle: The Texas Supreme Court Allows Certain Parties Who Are Victims Of Wrongfully Denied Motions To Compel...

Vinson & Elkins LLP on

In the recently decided cattle-feeding dispute, Bonsmara Natural Beef Company, LLC v. Hart of Texas Cattle Feeders, No. 19-0263, the parties asked the Texas Supreme Court to “wrangle issues regarding the effect of forgoing an...more

Carlton Fields

Texas Supreme Court Holds Defendant Did Not Forfeit Right to Appeal Denial of Motion to Compel Arbitration by Waiting Until After...

Carlton Fields on

In this cattle-feeding dispute, cattle owner Bonsmara Natural Beef Co. and its principal George Chapman brought an action against feed yard owner Hart of Texas Cattle Feeders LLC, alleging claims including breach of contract,...more

Husch Blackwell LLP

SCOTX: No Arbitrary Arbitration Provision For Local Governments

Husch Blackwell LLP on

The Supreme Court of Texas recently announced that local governments who have agreed to arbitration clauses may be forced into arbitration. However, the Court also announced that the judiciary “retains the duty to decide...more

Winstead PC

Business Owners Take Note as Enterprise Completes Its Mission: Supreme Court Holds No Common Law Partnership Was Formed with ETP

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The long-running legal saga between Enterprise Products Partners (“Enterprise”) and Energy Transfer Partners (“ETP”) may finally be nearing its end after the Texas Supreme Court issued a unanimous decision last Friday,...more

Carlton Fields

Texas High Court Declines To Enforce Compel Arbitration Against Non-Signatory

Carlton Fields on

In a recent dispute involving a crop insurance policy, the Texas Supreme Court held that an independent insurance agency could not compel arbitration of certain claims brought against it in state court by an insured (JJ...more

Clark Hill PLC

In 2016 the Texas Supreme Court Continues to Favor Arbitration

Clark Hill PLC on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Winstead PC

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

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The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the...more

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