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Porter Hedges LLP

Texas House Bill 40 Will Reshape the New Texas Business Courts

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On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...more

Baker Donelson

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

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The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

Vinson & Elkins LLP

Potential Changes to the Texas Business Courts’ Jurisdiction and Operation

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On May 13, 2025, the Texas House of Representatives — by a vote of 99–40 — passed House Bill 40 (“H.B. 40”), which would enact significant changes to the recently adopted business court system in Texas. Those changes include...more

Husch Blackwell LLP

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

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In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

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“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

King & Spalding

FTC Final Rule on Non-Competes: Texas District Court Stops Short of a Nationwide Injunction and Creates Uncertainty on the...

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On Wednesday, July 3, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission granted a limited stay of the effective date for the Federal Trade Commission’s (FTC) final rule on...more

Porter Hedges LLP

Strict Deadlines Apply to Motions to Vacate Arbitration Awards Under the Federal and Texas Arbitration Acts

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When an arbitration tribunal issues an award, the first thing parties should do is calculate and calendar their deadlines to seek relief in court. This post discusses one such deadline—the one to file a motion to vacate or...more

Harris Beach Murtha PLLC

Texas Medical Association Again Challenges Federal Rules Under No Surprises Act

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The Texas Medical Association is yet again challenging the federal government’s implementation of the independent dispute resolution process established by the No Surprises Act, this time arguing the $350 fee to initiate the...more

White and Williams LLP

Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

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In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a...more

King & Spalding

Federal Court Vacates Air Ambulance Portion of No Surprises Act Dispute Resolution

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On July 26, 2022, LifeNet was granted summary judgment in its challenge to portions of the second set of implementing regulations for the Independent Dispute Resolution (IDR) process for air ambulance providers under the No...more

ArentFox Schiff

Texas Court Vacates Arbitration Provisions of Biden Administration Surprise Billing Rule

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On February 23, 2022, in what is being heralded as a significant victory for health care providers, a federal court in Texas vacated portions of the Biden Administration’s rules governing the arbitration procedures to resolve...more

Chambliss, Bahner & Stophel, P.C.

Federal Court in Texas Strikes Down Portions of Surprise Billing Act

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On February 23, 2022, a federal court in Texas struck down portions of the Surprise Billing Act (the Act) regulations pertaining to the payment rate arbitration process in response to a challenge by the Texas Medical...more

Husch Blackwell LLP

Texas District Court Vacates Portions of No Surprises Act Rule Related to Arbitration

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On February 23, 2022, Judge Jeremy Kernodle of the Eastern District of Texas ruled that certain parts of the Interim Final Rule Part II (the Rule) implementing the No Surprises Act (the Act) are invalid. Specifically, the...more

Fox Rothschild LLP

Texas Appellate Court Upholds Contractor’s Arbitration Clause

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Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court...more

Porter Hedges LLP

Navigating Austin Bridge – New Texas Supreme Court Case Upends Arbitration Framework Against Governmental Entities

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The Texas Supreme Court has issued a ruling that significantly impacts arbitrations involving governmental entities, which include cities, counties, school districts, conservation districts, hospital organizations, and other...more

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