The U.S. Supreme Court handed down its long-awaited (by us anyway) opinion in the Buckeye Check Cashing Case today. The majority opinion (link is to .pdf version), written by Justice Scalia for a 7-1 majority (Alito did not participate), reverses a decision by the Florida Supreme Court which held that a court, and not an [...]
Continue reading about Arbitration Clauses are Enforceable even in Illegal Contracts
In an opinion (link is to .pdf file) filed Wednesday, the Fifth Circuit affirmed a trial court decision to confirm an arbitral award which contained a punitive damages award for the arbitral plaintiff. The case involved a woman’s breach of fiduciary duty claims against the managers of an investment portfolio she received as part of [...]
Continue reading about Fifth Circuit Upholds Punitive Damages Award
The Texas Supreme Court ruled this morning that Texans did not acquire the right to privately invoke the federal Telephone Consumer Protection Act (“TCPA”) until the Texas Legislature amended the Business & Commerce Code to allow Texas court to hear private suits based on the TCPA on September 1, 1999. The TCPA, which was passed [...]
This morning, the Third Court of Appeals affirmed a Travis County trial court decision to grant a summary judgment in favor of the Comptroller’s office in a putative class action case which alleged that the Comptroller’s failure to pay interest on property returned to Texans under the Unclaimed Property Act constituted a taking. While the [...]
ARBITRATION IS GOD – FIRST INSTALLMENT
by Rick Freeman Two recent decisions by the Texas courts of appeals show how far the Courts have gone in enforcing arbitration agreements – no matter what the facts. In Southwind Group, Inc., v. Landwehr (No. 11-05-00247-CV, No. 11-05-00324-CV; 2006 Tex. App. LEXIS 896), decided February 2, 2006, the Eastland Court of Appeals reversed a [...]
Continue reading about ARBITRATION IS GOD – FIRST INSTALLMENT