In Re Acceptance Insurance Co.
33 S.W.3d 443 | Court of Appeals of Texas | 2000
Holding Summary
Trial court abused its discretion by conducting sanctions/contempt hearing without written notice, overruling objections to void good-faith mediation requirements, and improperly inquiring into confidential mediation communications.
Oral notice was insufficient, as a matter of law.
Related Cases
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
Forum-selection clauses in federal contracts are enforced through §1404(a) transfer motions, not §1406(a) dismissals, and must be given controlling weight except in exceptional circumstances.
Texas Natural Resource Conservation Commission v. IT-Davy
Sovereign immunity bars a contractor's breach-of-contract suit against a state agency absent express legislative consent; neither the agency's conduct, contract terms, nor general statutes waive immunity from suit.
Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid Transit
A contractor must exhaust administrative remedies established by a regional transportation authority before pursuing breach of contract claims in court, even when the authority lacks governmental immunity from suit.
General Services Commission v. Little-Tex Insulation Co.
The State does not waive sovereign immunity from breach-of-contract suits by accepting contract benefits; Chapter 2260's administrative procedure is the exclusive remedy for such claims.
Moncharsh v. Heily & Blase
An arbitrator's decision is generally not reviewable for errors of fact or law, with limited exceptions for fraud, corruption, exceeding powers, or procedural unfairness.
Rory v. Continental Insurance
Unambiguous contractual limitations periods in insurance policies must be enforced as written unless they violate law or public policy; judicial assessments of reasonableness cannot override clear contract terms.