From the monthly archives: May, 2015
We are pleased to present below all posts archived in 'May, 2015'. If you still can't find what you are looking for, try using the search box.
with Sheppard Mullin Richter & Hampton
a May 11, 2015 opinion
by the Seventh Circuit Court of Appeals. That court reversed an order denying a motion to compel arbitration in a Telephone Consumer Protection Act
class action suit. The Seventh Circuit held that the agreement was broad enough to apply to conduct that occurred after the termination of the agreement. According to Ramsey, "Sprint argued, and the Seventh Circuit agreed, that arbitration clauses still apply to conduct occurring after termination of an agreement so long as the conduct had its 'genesis' in the agreement. In this case, the Seventh Circuit found an 'intimate relation' between Sprint's phone callas and the parties' agreement."
In KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, PC, the Fourteenth Court of Appeals held that a trial court did not err when it confirmed an arbitration award when one of the parties did not appear at the arbitration.
Wilbanks initiated an arbitration proceeding against KNJ. According to the opinion, despite receiving notice of the proceeding, KNJ did not appear. KNJ initiated its own arbitration proceeding against Wilbanks, which was enjoined from proceeding by the trial court because of Wilbanks' pending arbitration. Ultimately, the trial court entered an award in favor of Wilbanks. KNJ appealed, arguing that the trial court erred because KNJ's claims could not have been heard when KNJ did not appear at the arbitration.
The Court of Appeals rejected KNJ's argument, holding that the arbitrator determined KNJ received proper notice of the arbitration and that KNJ could not prevent the consideration of its claims be opting not to participate in an arbitration proceeding of which it had notice.
H/T to R ...
Read the rest of entry »
In City of San Antonio v. Cortes, the San Antonio Court of Appeals held that the trial court should have compelled arbitration pursuant to a collective bargaining agreement, and because a decision between a union and the City of San Antonio prevented the relitigation of a dispute between a union member and the city.
Cortes, a San Antonio firefighter, alleged that the City breached the collective bargaining agreement relating to health benefits and brought suit. The City argued that the dispute should be sent to arbitration. The City's motion to compel arbitration was denied, resulting in the City filing an interlocutory appeal.
The Court of Appeals provides an analysis of reviewing an arbitration agreement and whether the claim brought by Cortes, which is, according to the Court, "identical" to the claims brought by the firefighter's union against the City.
H/T to Ronnie Hornberger for notifying us of this decision.
Gary McGowan is a noted arbitrator and mediator based in Houston, but with a national and international presence. Gary is scheduled to join the State Bar of Texas ADR Section Council as a councilmember this summer.
Gary's written an article, "Don't Call It a Trial: What Litigators Should Know about Arbitration" which was published in The Houston Lawyer. The article describes itself as a primer on arbitration, providing definitions of terms, the importance of the arbitration contract, and outlining arbitration procedures. You can find the article here.
Thanks to Gary for this article and we're looking forward to his service on the council.