On Friday, the Texas Supreme Court handed down an opinion granting Petition for Writ of Mandamus compelling a non-signatory to an arbitration clause to arbitrate personal injury claims the Court itself admits do not stem from the contract which contains the arbitration clause. The plaintiff in the underlying case asserted personal injury claims against a [...]
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This morning, the Third Court of Appeals issued an opinion in an appeal by the Bexar Metropolitan Water District of a decision by the Texas Commission on Environmental Quality to approve the City of Bulverde’s application for a certificate of public convenience and necessity for water utility service. In this case, the administrative law judge [...]
Today, the Texas Supreme Court handed down an opinion granting a petition for writ of mandamus pertaining to a nursing home’s claim that certain documents were privileged from discovery based on four distinct asserted privileges: the medical committee privilege; the medical peer review committee privilege; the nursing peer review committee privilege; and the quality assessment [...]
Today, the Texas Supreme Court handed down an opinion reversing a decision by the Dallas Court of Appeals which in turn had reversed a trial court’s dismissal of a nursing home resident’s claims on limitations grounds. In the underlying case, the resident alleged that she was sexually assaulted in a nursing home and asserted what [...]
Continue reading about When is a Premises Claim a Medical Negligence Claim?
This morning, the Texas Supreme Court made vague reference to the possibility that the Federal Arbitration Act can be reverse pre-empted by the McCarran-Ferguson Act. Since this is the sort of thing we find fascinating, I poked around a bit. As readers of this blog know, certain language (in 10-point boldface type no less) must [...]
This morning, the Third Court of Appeals affirmed a Travis County Trial Court’s granting of a no-evidence motion for summary judgment in favor of a hospital in a medical malpractice case. According to the Court, where a medical malpractice plaintiff filed a proper expert report under the former article 4590i but failed to designate any [...]
This morning, the Third Court of Appeals issued three memorandum opinions. The first concerns a juvenile adjudication for the offense of assault, and the second affirms a decision by the Texas State Board of Medical Examiners to revoke a physician’s license to practice medicine in Texas. Cause Nos. 03-04-00001-CV and 03-04-00612-CV, respectively. The Court’s third [...]
YOU CANNOT WAIVE THE OFFENDING ARBITRATION PROVISION
Rick Freeman Commentary One argument that is regularly made by lawyers who are attempting to compel arbitration is to ask the Court to reform the arbitration clause in some way, if the Court feels that the arbitration clause is so unfair or one-sided that it could be unconscionable. This is generally a difficult argument to [...]
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