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Tag: contract law

January 30, 2015

Texas Supreme Court grants review in important contracts case

Today the Texas Supreme Court announced it would accept review in Plains v. Torch, an important case addressing a fundamental question of contract interpretation: Should a dispute about the meaning of a contract be governed by the words of the contract or by vague notions of abstract justice? Both parties argue that this case should ...

October 15, 2014

Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million dollar award that one of the parties (Plains) obtained from the federal government. Both parties ...

March 25, 2013

Does silence equal consent?

Today, the Supreme Court heard oral argument in Oxford Health Plans v. Sutter (Supreme Court docket no. 12-135).  The issue is whether a contract that contains an arbitration clause, but is silent as to class arbitration, can be interpreted by an arbitrator to permit imposition of class arbitration over the objections of one party.  PLF ...