tuco standard (Texas) · Go Syfert
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tuco standard in Texas

11 Texas opinions name it 2 courts 2003–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Homes v. Cullgreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Thomas James Assocs., 1 S.W.3d at 320-21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitra-tions governed by the TAA or the FAA”); see also Perry Homes v. Cull, 173 S.W.3d 565, 570-71 (Tex.App.-Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds, 258 S.W.3d 580 (Tex.2008).

2011See Thomas James Assocs. , 1 S.W.3d at 320–21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitrations governed by the TAA or the FAA”); see also Perry Homes v. Cull , 173 S.W.3d 565 , 570–71 (Tex. App.—Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds , 258 S.W.3d 580 (Tex. 2008).

22
Perry Homes v. Cullgreen
tex · 2008 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Thomas James Assocs., 1 S.W.3d at 320-21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitra-tions governed by the TAA or the FAA”); see also Perry Homes v. Cull, 173 S.W.3d 565, 570-71 (Tex.App.-Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds, 258 S.W.3d 580 (Tex.2008).

2011See Thomas James Assocs. , 1 S.W.3d at 320–21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitrations governed by the TAA or the FAA”); see also Perry Homes v. Cull , 173 S.W.3d 565 , 570–71 (Tex. App.—Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds , 258 S.W.3d 580 (Tex. 2008).

22
Thomas James Associates, Inc. v. Owensgreen
texapp · 1999 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Thomas James Assocs., 1 S.W.3d at 320-21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitra-tions governed by the TAA or the FAA”); see also Perry Homes v. Cull, 173 S.W.3d 565, 570-71 (Tex.App.-Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds, 258 S.W.3d 580 (Tex.2008).

2011See Thomas James Assocs. , 1 S.W.3d at 320–21 (applying TUCO standard in case governed by FAA because “the public policy of encouraging up-front disclosure of possible arbitrator bias or partiality is equally applicable to arbitrations governed by the TAA or the FAA”); see also Perry Homes v. Cull , 173 S.W.3d 565 , 570–71 (Tex. App.—Fort Worth 2005) (applying TUCO in FAA case), rev’d on other grounds , 258 S.W.3d 580 (Tex. 2008).

22
Houston Village Builders, Inc. v. Falbaumgreen
texapp · 2003 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Builders, Inc. v. Falbaum, 105 S.W.3d 28, 32 (Tex.App.-Houston [14th Dist.] 2003, pet. denied) (citing Mariner Fin.

2011Builders, Inc. v. Falbaum, 105 S.W.3d 28, 32 (Tex.App.-Houston [14th Dist.] 2003, pet. denied) (citing Mariner Fin.

22
Mariner Financial Group, Inc. v. Bossleygreen
tex · 2002 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See id.; see also id. at 35 (“It is well-established ... that a neutral arbitrator has a duty to disclose dealings of which he or she is aware that might create an impression of possible bias.”) (internal quotations omitted).

2003See id.; see also id. at 35 (“It is well-established ... that a neutral arbitrator has a duty to disclose dealings of which he or she is aware that might create an impression of possible bias.”) (internal quotations omitted).

22
Commonwealth Coatings Corp. v. Continental Casualty Co.green
scotus · 1969 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019JAMS, however, would decide the disqualification question and “its decision shall be conclusive.” Because at least at the outset Segura had a unilateral right to strike Grissom, we apply the TUCO standard to this case. 11 Continental Casualty Company, 393 U.S. 145, 150 (1968)(White, J., concurring).

2019JAMS, however, would decide the disqualification question and “its decision shall be conclusive.” Because at least at the outset Segura had a unilateral right to strike Grissom, we apply the TUCO standard to this case. 11 Continental Casualty Company, 393 U.S. 145, 150 (1968)(White, J., concurring).

11
Amoco D.T. Co. v. Occidental Petroleum Corp.green
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017See id.; Amoco D.T., 343 S.W.3d at 843 (concluding that the TUCO standard for evident partiality is applicable to cases governed by FAA).

2017See id.; Amoco D.T., 343 S.W.3d at 843 (concluding that the TUCO standard for evident partiality is applicable to cases governed by FAA).

11
Forest Oil Corp. v. El Rucio Land & Cattle Co.green
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015In a recent case applying the TUCO standard, the First Court of Appeals observed, “An arbitrator has a duty to disclose facts known to him that might, to an objective observer, create a reasonable impression of the arbitrator’s partiality.” Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 446 S.W.3d 58, 80 (Tex. App.– Houston [1st Dist.] 2014 pet. abated July 24, 2015) (emphasis in original).

2015In a recent case applying the TUCO standard, the First Court of Appeals observed, “An arbitrator has a duty to disclose facts known to him that might, to an objective observer, create a reasonable impression of the arbitrator’s partiality.” Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 446 S.W.3d 58, 80 (Tex. App.– Houston [1st Dist.] 2014 pet. abated July 24, 2015) (emphasis in original).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Burlington Northern Railroad v. TUCO Inc. green
tex · 1997
2 sentences

2019TUCO, 960 S.W.2d at 636 , citing Commonwealth Coatings Corp. v. 5 The TUCO standard applies to situations where the parties select the arbitrator, and not necessarily where a third party appoints the arbitrator.

2019TUCO, 960 S.W.2d at 636 , citing Commonwealth Coatings Corp. v. 5 The TUCO standard applies to situations where the parties select the arbitrator, and not necessarily where a third party appoints the arbitrator.

72003–2019

Statutes the citing opinions construe

USC § 9u.s.c.10 (9) USC § 9u.s.c.9 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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