Menu
Texas Supreme Court
Court Vacates $125M Award Due To Arbitrator’s Misleading Disclosures
June 9, 2014
Today we take a close look at that rare creature: an opinion finding sufficient basis under the FAA to vacate an arbitration award. In Tenaska Energy Inc. v. Ponderosa Pine Energy, LLC, __S.W.3d __, 2014 WL 2139215 (Tex. May 23, 2014), the Supreme Court of Texas found an arbitrator had shown “evident partiality” due to his misleading “partial” disclosures of his contacts with the law firm representing the claimant. * * * Legally, I find it interesting that even though the Texas Supreme...
June 9, 2014
Today we take a close look at that rare creature: an opinion finding sufficient basis under the FAA to vacate an arbitration award. In Tenaska Energy Inc. v. Ponderosa Pine Energy, LLC, __S.W.3d __, 2014 WL 2139215 (Tex. May 23, 2014), the Supreme Court of Texas found an arbitrator had shown “evident partiality” due to his misleading “partial” disclosures of his contacts with the law firm representing the claimant. * * * Legally, I find it interesting that even though the Texas Supreme...
Former Chief Justice Wallace Jefferson Being Honored as ‘Texan of the Year’
November 11, 2013
Former Texas Supreme Court Chief Justice Wallace Jefferson has been named 2014 Texan of the Year by the Texas Legislative Conference for his accomplishments on the bench. Gov. Rick Perry appointed him to the court in 2001 and he subsequently was elected in 2002. Perry later named him chief justice in 2004 and voters elected him to chief justice in 2006 and to a full term in 2008. He holds the distinction of being the first African-American justice and the first African-American chief justice...
November 11, 2013
Former Texas Supreme Court Chief Justice Wallace Jefferson has been named 2014 Texan of the Year by the Texas Legislative Conference for his accomplishments on the bench. Gov. Rick Perry appointed him to the court in 2001 and he subsequently was elected in 2002. Perry later named him chief justice in 2004 and voters elected him to chief justice in 2006 and to a full term in 2008. He holds the distinction of being the first African-American justice and the first African-American chief justice...
Texas Supreme Court Applies ‘Golden Rule’ in Assessing Fee Award
November 11, 2013
When it comes to fee shifting, a lawyer shall do unto the opposing party as he would do unto his own client. That's one theme in a recent Texas Supreme Court opinion. The high court scrutinized the evidence of two lawyers' work, striking down the lead counsel's fee award of $339,000 but upholding a $37,000 award for his co-counsel. In reversing and remanding Richard J. Gonzalez' fee, the opinion delivers a Golden Rule for parties hoping to collect under fee-shifting statutes. "Here, Gonzalez...
November 11, 2013
When it comes to fee shifting, a lawyer shall do unto the opposing party as he would do unto his own client. That's one theme in a recent Texas Supreme Court opinion. The high court scrutinized the evidence of two lawyers' work, striking down the lead counsel's fee award of $339,000 but upholding a $37,000 award for his co-counsel. In reversing and remanding Richard J. Gonzalez' fee, the opinion delivers a Golden Rule for parties hoping to collect under fee-shifting statutes. "Here, Gonzalez...
Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
Waiting for the Texas Supreme Court to Define (or Reject) Minority Shareholder Oppression
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
Mediated Settlement Agreements Trump Inquiries Into Best Interests of Child, Texas Supreme Court Rules
October 7, 2013
In a decision that has significant implications for family law in Texas, a majority of the Texas Supreme Court ruled on Sept....
October 7, 2013
In a decision that has significant implications for family law in Texas, a majority of the Texas Supreme Court ruled on Sept....
Texas Chief Justice Wallace Jefferson to Resign Oct. 1
September 3, 2013
Wallace Jefferson, the first African-American to be chief justice of the Texas Supreme Court and one of the most respected jurists in the nation, is resigning his position effective Oct. 1. In an interview Monday, Jefferson said that he informed Gov. Rick Perry of his decision last week and that an official announcement will be issued Tuesday. The governor is expected to appoint a new chief justice quickly. That appointee will have to run for election next fall. Jefferson has served on the state’s...
September 3, 2013
Wallace Jefferson, the first African-American to be chief justice of the Texas Supreme Court and one of the most respected jurists in the nation, is resigning his position effective Oct. 1. In an interview Monday, Jefferson said that he informed Gov. Rick Perry of his decision last week and that an official announcement will be issued Tuesday. The governor is expected to appoint a new chief justice quickly. That appointee will have to run for election next fall. Jefferson has served on the state’s...
A New Marital Estate in Divorce
September 1, 2013
In the context of divorce litigation, fraud on the community estate falls within the wide spectrum of various acts frequently termed as "marital fraud." Prior to the passage of Section 7.009 of the Texas Family Code, the Texas Supreme Court's opinion in Schlueter was considered to be the authority on remedies available to an innocent spouse in a divorce involving fraud on the community estate. See Schlueter v. Schlueter, (Tex. 1998). In Schlueter, the Texas Supreme Court reasoned that because...
September 1, 2013
In the context of divorce litigation, fraud on the community estate falls within the wide spectrum of various acts frequently termed as "marital fraud." Prior to the passage of Section 7.009 of the Texas Family Code, the Texas Supreme Court's opinion in Schlueter was considered to be the authority on remedies available to an innocent spouse in a divorce involving fraud on the community estate. See Schlueter v. Schlueter, (Tex. 1998). In Schlueter, the Texas Supreme Court reasoned that because...
‘Stowers’ Doctrine in Need of an Update
August 5, 2013
The Stowers doctrine, established by the Texas Supreme Court in G. A. Stowers Furniture Co. v. American Indemnity Co., is a mainstay of state law in need of an update to conform to modern business practices, say attorneys William Angelley and Jules Angelley.
August 5, 2013
The Stowers doctrine, established by the Texas Supreme Court in G. A. Stowers Furniture Co. v. American Indemnity Co., is a mainstay of state law in need of an update to conform to modern business practices, say attorneys William Angelley and Jules Angelley.
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
