Dallas Austin

The Corpus Christi Court of Appeals recently held that a family’s allegations against a funeral home for its handling of a relative’s body were subject to arbitration, even though some of the family members were not parties to the agreement to arbitrate. After her mother passed away, Anabel Gonzalez entered into a contract with SCI Funeral Services, LLC d/b/a Funeraria del Angel (SCI) for visitation and embalmment services. The contract contained a mandatory arbitration provision. According to Anabel and her family members, her mother’s eye and mouth opened, leaking fluid, during a visit

In October 2019, Plaintiff Shannon Phillips (“Phillips”) filed suit in federal court against Starbucks Corporation d/b/a Starbucks Coffee Company (“Starbucks”), alleging she was fired because she is Caucasian in a position of authority in the wake of the April 12, 2018, arrests of Donte Robinson (“Robinson”) and Rashon Nelson (“Nelson”) at a Starbucks located on 18th and Spruce Streets in Philadelphia. Phillips sued Starbucks on racial bias claims under Title VII of the Civil Rights Act and New Jersey law, seeking economic loss and compensatory and punitive damages. Phillips ha

Beginning September 1, 2024, new Texas courts will hear qualified, complex commercial disputes. The passing of House Bill 19 in early June 2023 created eleven trial “Business Courts” with judges that will be appointed by the Governor with the consent of the Senate.  Each Business Court will serve a specific judicial region. Additionally, House Bill 19 established the brand-new Fifteenth Court of Appeals, which will handle appeals from the trial Business Courts. To be appointed to the Business Courts, judges must have ten or more years of experience practicing complex civil business litiga

Texas courts favor arbitration and generally enforce arbitration provisions. But, what if a party cannot afford the arbitration fees?  Are the costs of arbitration grounds for a court to hold that provision unenforceable? The Texas Supreme Court recently answered these questions. In Houston AN USA, LLC d/b/a AutoNation USA Houston v. Walter Shattenkirk, an employee filed suit against his former employer alleging he was terminated due to discrimination and retaliation. The employer moved to compel arbitration arguing that the employee entered into a binding arbitration agreement when he accept

The Texas Legislature’s general session concluded on May 29, 2023 with several very important pieces of legislation being passed.  The Legislature was unable to resolve issues related to property tax relief and border security and Governor Abbott has a called for a Special Session to address those issues.  Several of the bills which did pass will impact both construction and businesses in the State of Texas and include the following. HB 1255 – Limitation Periods on Arbitration Proceedings  Summary: HB 1255 makes it clear that statutes of limitation apply and will bar claims in arbitrat