Category Archives: Recent Cases

5th Circuit Says Court Cannot Force a Party to Pay Arbitration Fees and Why Arbitration Is Not Always The Best Option

You have to wonder if this recent ruling might cause some companies to pause over the recent craze to automatically include arbitration clauses in their contracts. In Dealer Computer Svc v. Old Colony Motors the 5th Circuit ruled that a trial court did not have the authority to compel a party to pay an arbitration… Continue Reading

What does the New Haven case mean for private employers?

The short answer is not a whole lot.  This case does not provide a good guide for private employers because it involved the City of New Haven, a government entity.  Government entities at both the federal and state level must abide by stricter rules than private employers. However there is an important lesson that any… Continue Reading

Can the underlying assets of a foreign joint venture suffice to create specific jurisdiction in Texas?

According to the Fourth District Court of Appeals, the answer is yes.  In Rattner v. Contos and The Contos Family Trust, the court held that Texas real estate assets were sufficient to create specific jurisdiction over two California residents who had entered into a business relationship in California. Rattner claimed that he and Contos entered… Continue Reading