Motion to Compel Mediation Granted

Judge Mazzant granted the individual defendants’ motions to compel a former employer to submit the issue of the arbitrability of its claims against them to arbitration. He denied the defendants’ new employer’s motion, however, finding that the issue of arbitrability as to nonsignatories should be resolved by the court, and that the claims against the nonsignatory were not arbitrable – except for the conspiracy to breach of fiduciary duty claim, which would be arbitrable if the arbitrator decided that it was.

Dismiss/Stay/Transfer a Case Involving Deer?

Deer waiting to register.

This is a case involving claims by the North American Deer Registry against the company it retained to process deer genetic information.  The defendant sought to:

  • dismiss the complaint
  • compel arbitration
  • transfer venue; and
  • stay the case.

Judge Mazzant denied them all.  On the assumption it had something to do with the law and not just Texans’ overarching interest in all things deer, I have analyzed the rulings.

Motion to Stay Pending Action and to Compel Arbitration Granted

Judge Mazzant recently considered the issue of whether a case alleged disability discrimination was required to be arbitrated.  The employee claimed that she did not recall acknowledging and agreeing to be bound by the agreement when filling out her employment forms electronically, and the defendant prodvided evidence that she had in fact done so. The Court granted the motion, finding that the company’s arbitration agreement required arbitration. Thick v Dolgencorp of Texas Inc