On November 22, the Supreme Court of Texas agreed to hear Venture Cotton Cooperative et al. v. Freeman et al., No. 13-0122. The case is currently on appeal from Texas’ 11th Court of Appeals. The main issue in the dispute is whether an arbitration agreement is unconscionable where the terms of a contract state that one party is allowed to collect attorney’s fees following a breach, but the other is not. Both the trial court and the 11th COA held the provision rendered the agreement substantively...
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas. The issue in the case is whether an arbitration award of more than $26 million should be vacated based on an arbitrator’s disqualification by the American Arbitration Association (AAA) where the parties’ agreement to select an arbitrator purportedly conflicts with AAA rules. ...
