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Is CPRC §74.451, which requires attorney signature and waiver warning in arb agreement with health care provider, preempted by the FAA? -- Texas Supreme Court answers: The Fredericksburg Care Company LP v Perez (Tex Mar. 6, 2015)
6 Mar 2015, 12:53 pm by WOLFGANG DEMINO
The court of appeals consolidated this case with Perez and Lira for oral argument, and issued identical opinions (except for changing the identities of the parties) holding that the MFA exemption from preemption applied to section 74.451. 406 S.W.3d 711, 723 (Tex. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Lopsided Attorney-Client Arbitration Agreements: What if client counterclaims under the civil barratry statute? - Comment on Royston v Lopez (Tex. 2015)
27 Jun 2015, 2:50 pm by MOTP
JUANITA PEREZ, VIRGINIA GARCIA, PAUL ZAPATA, AND SYLVIA SANCHEZ, INDIVIDUALLY AND AS ALL HEIRS OF ELISA ZAPATA, DECEASED; from Bexar County; 4th Court of Appeals District (04-13-00111-CV,406 SW3d 313, 06-26-13) 13-0576 THE WILLIAMSBURG CARE COMPANY, L.P. v. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
FAA preemption & MFA reverse preemption: Is CPRC §74.451, which requires attorney signature and waiver warning in arbitration agreement with health care provider, preempted by the Federal Arbitration Act? -- Texas Supreme Court answers: The Fredericksburg Care Company LP v Perez (Tex Mar. 6, 2015)
6 Mar 2015, 12:53 pm by MOTP
The court of appeals consolidated this case with Perez and Lira for oral argument, and issued identical opinions (except for changing the identities of the parties) holding that the MFA exemption from preemption applied to section 74.451. 406 S.W.3d 711, 723 (Tex. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/