law-arbitration-mandamus

law-arbitration-mandamus | Arbitration law cases from the Houston courts of appeals | confirmation of arbitration awards | interstate-
commerce-as-basis-for-FAA applicability of Federal Arbitration Act to arbitration of dispute between parties 9 U.S.C.S. §§ 1-307 | TAA
Tex. Civ. Prac. & Rem. Code Ann. § 171.001-.098 TAA vs. FAA | preemption of TAA by FAA | Appeals from suits to confirm arbitration
awards in the Houston Courts of Appeals | Houston Arbitration Cases | arbitration-non-signatory | valid and enforceable arbitration
agreement | enforcing arb clause against nonsignatory | modification of arbitration award | challenging arbitration | FAA Federal
Arbitration Act | FAA-applicability 9 U.S.C.S. §§ 1-307 | TAA Tex. Civ. Prac. & Rem. Code Ann. § 171.001-.098 | confirmation of
arbitration award under FAA | grounds for vacature under the FAA | TAA vs. FAA | preemption of TAA by FAA | preemption of state TAA by
Federal Arbitration Act | Appeals from suits to confirm arbitration awards in the Houston Courts of Appeals | Houston Arbitration Cases
|

A party denied the right to arbitrate under the FAA has no adequate remedy by appeal and
is entitled to mandamus relief. In re AdvancePCS Health L.P., 172 S.W.3d at 608; In re
Wood, 140 S.W.3d 367, 370 (Tex.2004) (orig.proceeding).

ARBITRATION MANDAMUS CASES FROM HOUSTON COURTS OF APPEALS

In Re NFL Players Ass'n (pdf) (Tex.App.- Houston [1st Dist.] Feb. 12, 2010)(per curiam)
(mandamus denied re: denial of motion to compel arbitration by trial court)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Higley and Sharp
01-10-00096-CV In re National Football League Players Association
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd

In Re BHP B i lliton Petroleum (Americas) Inc. (pdf) (Tex.App. - Houston [1st Dist.] Dec. 4, 2009)(Jennings)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Jennings (arbitration mandamus denied)
Before Justices Jennings, Higley and Sharp
01-09-00647-CV In re BHP Billiton Petroleum (Americas) Inc.
Appeal from 215th District Court of Harris County

In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)
(Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00625-CV In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North    Appeal
from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland

No Enforceable Agreement to Arbitrate Precludes Enforcement of Arbitration
Stewart & Stevenson, L.L.C. v. Galveston Party Boats, Inc. (Tex.App.- Houston [1st Dist.] Nov. 5,2009)(Keyes)
(consolidated interlocutory appeal and petition for writ of mandamus challenging the trial court’s order denying a
motion to compel arbitration)(court of appeals dismisses the interlocutory appeal for lack of jurisdiction and denies
the petition for writ of mandamus) (no valid underlying agreement to arbitrate dispute) (FAA vs. TAA)
DISMISS APPEAL 9/5: Opinion by Justice Keyes
Before Justices Keyes, Hanks and Bland
01-09-00030-CV Stewart & Stevenson, L.L.C., and MTU Detroit Diesel, Inc. v. Galveston Party Boats, Inc., and
Boat Service of Galveston
Appeal from 405th District Court of Galveston County
Trial Court Judge: Hon. Wayne J. Mallia

In Re GeoMet, Inc. (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam)
(arbitration mandamus denied, no agreement to arbitrate established)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00685-CV In Re Gomet, Inc.
Appeal from 151st District Court of Harris County
Trial Court Judge: Mike Engelhart

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson)
(ratification of agreement to arbitrate by acceptance of benefits)(arbitration compelled by mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce
14-09-00580-CV In Re: Weeks Marine, Inc
Appeal from 215th District Court of Harris County
Trial Court Judge: Steven Kirkland

In R e Bashaw & Co. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Keyes)(arbitration, direct benefits estoppel)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes
Before Justices Keyes, Hanks and Bland
01-08-00803-CV        In re James E. Bashaw & Co.
Appeal from 133rd District Court of Harris County
Trial Court Judges: Lamar McCorkle | Jaclanel McFarland

In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (arbitration mandamus)
(FAA: trial court should have granted motion to compel arbitration in employment dispute)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-09-00150-CV In re Halliburton Company
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland

In re Credit Suisse First Boston Mortgage Capital LLC (Tex.App- Houston [1 4th Dist.] Dec. 18, 2008)(Hedges)(Tex.App- Houston [1 4th
Dist.] Dec. 18, 2008)(Hedges)(arbitration mandamus denied)(arbitration, nonsignatories, jury w aiver, nonsignatories, agency theory,
choice of law preemption, forum preemption)
[W]e hold that the trial court did not abuse its discretion by declining to extend the jury waiver on the basis of allegations alone.
Because the right to a jury trial implicates constitutional guarantees, we will not lightly infer or extend a contractual jury waiver absent
proof that the parties intended it to include claims against nonsignatories.
MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Boyce
14-08-00819-CV In Re: Credit Suisse First Boston Mortgage Capital, L.L.C. and Credit Suisse First Boston, L.L.C.--Appeal from 165th
District Court of Harris County
Trial Court Judge: Elizabeth Ray

In re Devon Energy Corp (Tex.App.- Houston [1st Dist.] Jun. 8, 2009)(Jennings)
(arbitration mandamus granted, parallel arbitration proceeding, litigation stay imposed, nonsignatories)
GRANT PETITION FOR WRIT OF MANDAMUS:   Opinion by Justice Terry Jennings
01-09-00174-CV In re Devon Energy Corporation, Devon Energy International, Ltd. and Texneft, Inc.
Appeal from 165th District Court of Harris County
Trial Court Judge:The Honorable Josefina Rendon
We conditionally grant the petition for writ of mandamus, direct the trial court to vacate its order denying the Devon defendants’ motion
to stay, and direct the trial court to enter an order staying Ferris’s litigation pending the outcome of the Devon defendants’ arbitration
with Ellison.

In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler)
(arbitration mandamus granted)
MOTION OR WRIT GRANTED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-07-00429-CV In Re: Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman
Appeal from 165th District Court of Harris County
Trial Court Judge: Elizabeth Ray
INTERLOCUTORY APPEAL in same case
DISMISSED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-07-00324-CV        Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman v. Larry Archer and Wife
Susan Archer--Appeal from 165th District Court of Harris County

In re Jindal Saw Limited (Tex.App.- Houston [1st Dist.] May 22, 2008)(Alcala)
(workplace safety, occupational injury, worker's comp, nons ignatories , arbitration, wrongful death, survival action) See subsequent
Tex. Sup. Ct. Decision: In Re Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam)(arbitration mandamus)
(nonsignatories, wrongful death beneficiaries compelled to arbitrate, workplace death)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Justices Taft, Keyes and Alcala
01-07-01068-CV In re Jindal Saw Limited, Jindal Enterprises LLC, and Saw Pipes USA
Appeal from Probate Court No 1 of Harris County
Trial Court Judge: Hon. Russell Austin
Attorneys: Levi G McCathern II, Jeffrey Christopher Wright
Attorney Kurt B. Arnold, Marvin B. Peterson, Micajah Daniel Boatright

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, / 20 2007)(Seymore)(arbitration mandamus)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore
Appeal from 215th District Court of Harris County (Hon. Levi James Benton )
The order denying arbitration cannot be sustained on any ground considered by the trial court. Accordingly, we conditionally grant
Weeks Marine's petition insofar as it requests us to instruct the trial court to vacate the order. We are confident the trial court will
vacate its October 31, 2006 order denying Weeks Marine's motion to compel arbitration and its May 3, 2007 order denying Weeks
Marine's motion for reconsideration. The writ of mandamus will issue only if the trial court fails to comply.
The procedural unconscionability issue is not, as Weeks Marine contends, for the arbitrator to decide.   The issue is for the trial court
to decide, but the trial court has either not made a decision or made a decision on disputed affidavit testimony without the requisite
evidentiary hearing. In either event, we are unable to direct entry of an order compelling arbitration while disputed issues of fact
remain unresolved. Accordingly, we deny the petition insofar as Weeks Marine requests us to instruct the trial court to compel
arbitration.

In Re Studio 8 Floors & Walls, Inc. (Tex.App.- Houston [14th Dist.] Nov. 8, 2007)(per curiam)
(arbitration case mandamus, motion to compel arbitration should have been granted)
MOTION OR WRIT GRANTED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00764-CV In Re: Studio 8 Floors & Walls, Inc
Appeal from Co Civil Ct at Law No 4 of Harris County (Roberta Anne Lloyd)

Mandamus in bid to avoid arbitration denied
In Re Meshark Omoruyi (Tex.App.- Houston [14th Dist.] May 31, 2007)(per curiam)
[arbitration mandamus]
MOTION OR WRIT DENIED: Per Curiam
(Before Justices Anderson, Fowler and Frost)
14-07-00363-CV In Re: Meshark Omoruyi
Appeal from 333rd District Court of Harris County (Judge Joseph J. Halbach)

In re: Energy Maintenance Services Group LLC (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(per curiam denial)(arbitration
mandamus denied)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Hudson and Guzman
14-06-01085-CV        In Re: Energy Maintentance Services Group LLC
Appeal from 400th District Court of Fort Bend County (Honorable Clifford Vacek)

In Re D.R. Horton, Inc. (Tex.App.-Houston [14th Dist.] Nov. 2, 2006)(Yates)(mandamus)
(arbitration, mandamus granted) (arbitration clause in employee handbook enforced, illusoriness and unconscionability challenge
rejected)
MOTION OR WRIT GRANTED: Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00152-CV In Re: D.R. Horton, Inc.
Appeal from 270th District Court of Harris County (Judge Brent C. Gamble)

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