Law, Strategy, and Risk in Commercial Disputes
Talk about cutting a backlog.
The Supreme Court of Texas issued rulings in 19 cases this week, setting a record for the year if not for all time. The oldest case, City of Dallas v. Albert, No. 07-0824 (Tex. Aug. 26, 2011), started its Supreme Court journey in April 2007 — four years and…
Snappy: You know, Bitey, ever since the nice doctor cut out my spare kidney by not-on-purpose, I've thought a lot about tort reform.
Bitey: But Snappy, you hate reform — tort or not. Why thinketh thou aboutst itteth after your Bad Surgery Thing?
Snappy: Oh, you know, one thing leads to another. For instance, as I gazed at…
The wacky world of litigating arbitration issues keeps getting wackier.
Witness today's Ninth Circuit ruling that, no, by golly, a party needn't include in its complaint an explanation of why it doesn't have to arbitrate.
The defendant, Fastbucks, which franchises "payday loan" stores in California and elsewhere, including its home state, Texas, urged that Golden…
The Supreme Court of Texas today upheld the right to appeal from an order that vacates an arbitration award under the Texas Arbitration Act and directs a rehearing with a different arbitrator.
The Court relied on TAA's provision that "[a] party may appeal a judgment or decree entered under this chapter or an order . . .
The Fifth Circuit kept itself busy last week with Texas fraudulent inducement cases, in which Innocent Person accused Lying Person of fibbing to get IP to sign a contract with LP.
In one appeal (see post), a panel held as a matter of law that a false representation in a contract didn't count as a misrepresentation at…
Texas law gives a price break on title insurance to people who refinance their home equity loans in less than seven years. Many don't know about their right to a discount. Title insurers don't always tell them.
In Sims v. Stewart Title Guaranty Co., No. 09-10127 (5th Cir. Dec. 9, 2009), John and Lucy Mims and Helen…