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Fifth Circuit finds right to arbitration waived where adjudication on the merits had already been sought in court and had succeeded in part - Forby vs. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018)
4 Dec 2018, 10:29 pm by MOTP
(In re Vantage Tex. 2019) Tex. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
4 Nov 2010, 6:00 am by Beth Graham
In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (Forest Lane), a nursing home, for “negligent acts and omissions” which caused damages to her husband during his lifetime and “were a proximate cause of his death. [read post]
Disputing - http://www.karlbayer.com/blog
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
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/