Yesterday, the Fifth Circuit handed down an opinion confirming an arbitral award in favor of Texaco (link is to .pdf file) in a contract dispute over some off-shore oil exploration in the Bohai Bay of China. The opinion confirms the award with discussion of two important points, one which has been discussed at length in [...]
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This morning, the Texas Supreme Court issued three opinions. The Texas Appellate Law Blog has already posted short summaries of them all (not that we have any interest in a race to do such things, but I would note that I was at the courthouse all morning and not able to check this morning’s orders [...]
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Austin-based U.S. District Judge Sam Sparks granted MySpace.com’s Motion to Dismiss a number of claims brought by the family of a 14-year-old girl who was allegedly sexually assaulted by a 19-year-old she met on MySpace.com. Both the criminal prosecution of the 19-year-old and the civil suit against MySpace have garnered lots of attention both locally [...]
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On Tuesday, the Third Court of Appeals issued an opinion dismissing a number of defamation claims brought by Williamson County’s District Attorney against the Smithville Times. The case involved a series of editorials about a Williamson County murder prosecution that ran in the Times in late 2001 and early 2002. The detailed opinion sets forth [...]
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Barry Barnett’s Blawgletter discussed a recent Second Circuit arbitrability opinion yesterday (Ross v. American Express). The opinion holds that Section 16 of the FAA, which allows interlocutory appeal of an order refusing to compel arbitration, applies in cases where the motion to compel arbitration was based not on a written agreement to arbitrate, but upon [...]
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The Texas Supreme Court handed down five opinions this morning. None is about arbitration, so we’ll give them short shrift here. City of San Antonio v. TPLP Office Park Properties is a discussion of the City of San Antonio’s potential police power to close access to certain roadways in order to address residents’ complaints about [...]
Well, the Florida arbitration blog has another interesting post today. It concerns a Missouri case where a court refused to compel arbitration of a wrongful death case against a nursing home. According to that case, since the Missouri wrongful death statute creates a new cause of action in favor of the decedent’s statutory beneficiaries, and [...]
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Mandatory Disclosure of Arbitration Info in Texas?
The ICM’s blog just reported that Texas Senator Royce West has proposed legislation that would require the disclosure of certain basic information about arbitrations taking place in Texas. It would allow for some basic tracking of numbers of disputes sent to arbitration and awards being made in consumer and employment cases, other than residential construction [...]
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