The Fifth Circuit and Texas Supreme Court.issued important precedents in 2022. The Fifth Circuit clarified the standard for a conditional-refusal-to-deal theory under Section 2 of the Sherman Act, established that arbitration rules incorporated into an arbitration agreement control the question of whether arbitration happened and sent a clear signal that the Seventh Amendment attaches to traditionally common-law prosecutions. The Texas Supreme Court provided guidance on the scope of a waiver of claims in a settlement agreement, clarified substantial compliance with contractual notice provisions, rejected informal fiduciary duties to an individual shareholder in a closely held corporation and narrowed the availability of consequential damages. This article examines those and other rulings of significance by the appellate courts.
Texas Supreme Court Term Preview: Key Business Cases
Business cases involving noneconomic damages, force majeure, TCPA, arbitration, class actions, oil and gas, insurance and ERCOT are on the docket at the Texas Supreme Court this term.