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2 Apr 2013, 2:42 pm by Bexis
  Given the relevance of the excerpts provided to the court, all chats must be produced regardless of subject matter. [read post]
28 Mar 2013, 5:00 am by Beth Graham
  Herrera also argued throughout the arbitral proceeding that “whether he as a non-signatory should be compelled to arbitrate was a ‘gateway matter’ for the court to decide, not the arbitrator. [read post]
20 Mar 2013, 10:30 am by WOLFGANG DEMINO
See Mustang Pipeline Co., 134 S.W.3d at 199-200 (concluding that when contract stated time was of the essence and one party failed to perform, other party was excused from performance as a matter of law); see also Fedgess Shopping Cntrs., Ltd. v. [read post]
17 Mar 2013, 10:13 pm by WOLFGANG DEMINO
Barrios, 156 S.W.3d 547, 549 (Tex. 2004) (quoting Coker, 650 S.W.2d at 393). [read post]
15 Mar 2013, 10:53 pm by WOLFGANG DEMINO
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
15 Mar 2013, 10:53 pm by WOLFGANG DEMINO
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
15 Mar 2013, 6:53 am by WOLFGANG DEMINO
Therefore, they contend that the June 4, 2012 order enforcing the settlement agreement is void for want of subject matter jurisdiction. [read post]
13 Mar 2013, 5:24 am by Bexis
Straub, 354 S.W.3d 529, 534 & n.14 (Ky. 2011); T & M Jewelry, Inc. v. [read post]
11 Mar 2013, 9:20 pm by WOLFGANG DEMINO
Mandamus is an extraordinary remedy; it is not issued as a matter of right but rather at the discretion of the court. [read post]
11 Mar 2013, 9:20 pm by WOLFGANG DEMINO
Mandamus is an extraordinary remedy; it is not issued as a matter of right but rather at the discretion of the court. [read post]
4 Mar 2013, 6:58 pm by WOLFGANG DEMINO
Sykes, 136 S.W.3d 635, 640 (Tex. 2004) (stating that "a dismissal constitutes a final determination on the merits of the matter actually decided"); Ritchey v. [read post]
26 Feb 2013, 10:21 am by WOLFGANG DEMINO
P. 44.1(a); Nissan Motor Co., 145 S.W.3d at 144; see also Columbia/HCA of Houston, Inc., 8 S.W.3d at 21. [read post]