In re CGI Construction–can a court require a party to waive arbitration to set aside a default?


Case Summaries, Compelling Arbitration, Texas Courts of Appeal

No, says the Dallas Court of Appeals. In an unpublished case, In re CGI Constr., Inc., 05-18-00320-CV, 2018 WL 3017318, at *2 (Tex. App.—Dallas June 18, 2018, no pet.) the Dallas Court of Appeals addressed the question of whether or not a trial court could properly condition setting aside a default judgment on a defendant […]

February 27, 2019

Henry v Cash Biz–can filing a criminal complaint waive the right to compel arbitration?


Case Summaries, Compelling Arbitration, Texas Supreme Court

In Henry v. Cash Biz, LP, — S.W.3d–, 2018 WL 1022838 (Tex. 2018), the Texas Supreme Court addressed, and ultimately rejected, a unique argument on waiver of arbitration–holding that a ‘payday’ lender did not substantially invoke judicial process, and thus did not impliedly waive its right to arbitrate, by filing criminal complaints against borrowers who had […]

March 10, 2018

Premium Plastics Supply v. Howell – Claims Voluntarily Withdrawn from Arbitration barred by Res Judicata


AAA Arbitration, Case Summaries

In Premium Plastics Supply, Inc. v. Howell, 01-16-00481-CV, 2017 WL 4288074 (Tex. App.—Houston [1st Dist.] Sept. 28, 2017, no pet. h.), Houston’s First Court of Appeals addressed issues of res judicata in confirming an arbitration award. Background In 2012, Appellants, Premium Plastics Supply, signed a two-year lease for commercial space from appellees, Thomas and Laura Howell. The […]

November 24, 2017

IOC v. City of Edinburg–reversing vacactur of award under “other undue means” and “exceeding powers” prongs of the Texas Arbitration Act.


AAA Arbitration, Case Summaries, Confirmation of Award, Vacatur of Award

In IOC Co., LLC v. City of Edinburg, 13-16-00117-CV, 2017 WL 3084293 (Tex. App.—Corpus Christi July 20, 2017, pet. denied), the Corpus Christ Court of Appeals addressed the grounds for vacatur under the “other undue means” and “exceeding powers” prongs of the Texas Arbitration Act. Background IOC, a highway and road construction company, entered an agreement […]

July 30, 2017

Reuda v. Holland–motion to vacate on basis of arbitrator reopening the hearing


AAA Arbitration, Case Summaries, Confirmation of Award

In Rueda v. Holland, Cause No. 01-14-00919-CV, 2016 WL 398620 (Tex. App.—Houston [1st Dist.] Feb. 2, 2016, no pet.), Houston First Court of Appeals addressed the ability of arbitrators to reopen the hearing to consider additional evidence or legal argument. Background Appellant, Rueda owned a 49% interest in Enviro–Grow Nursery. Appellee, Holland owned a 51% […]

February 2, 2016