By Glen M. Wilkerson Last Friday, the Texas Supreme Court handed down another arbitration case in In Re Odyssey Healthcare. P worked at hospice. She had employment agreement with non-subscriber (no worker’s compensation) that included an arbitration provision. She slipped at the home of a patient. P lived and accident occurred in El Paso. The [...]

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Glen Wilkerson on April 19th, 2008

Karl and I just got the following email from sometime contributor Glen Wilkerson about Hall Street v. Mattel, a recent U.S. Supreme Court opinion that many, including us, have blogged about. Glen’s comments are copied below without edits (with permission, of course): Dear Colleague: The US Supreme Court handed down an arbitration opinion on March [...]

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On December 22, 2006, the Supreme Court came down with the opinion quoted below. The opinion is significant in two important respects: 1. The opinion demonstrates the Supreme Court holding exemplary damages “constitutionally excessive” even though the exemplary damages are within the Chapter 41 limit of $200,000.00. Therefore, this is a case where the constitutionally [...]

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Glen Wilkerson on May 2nd, 2006

[ed. note: please welcome Glen Wilkerson's first commentary on our blog] It is difficult to recall a time where there is so much transition in Texas law with respect to “insurance matters”. The reason is that the Texas Supreme Court has now pending (awaiting rulings in the next 2 to 3 months) at least four [...]

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