strictly procedural requirement (Texas) · Go Syfert
← Texas issues

strictly procedural requirement in Texas

8 Texas opinions name it 1 courts 2013–2022 2 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 (3)

CaseFollowedCited
Rami Amir and Ron Aliezer v. International Bank of Commercegreen
texapp · 2013 · cited in 6 Texas opinions naming this issue, 2014–2022
2 sentences

2022“If, however, there is clearly 2 The Waseks argue that it “do[es] not make sense” to require them to complete certain of article 19’s dispute-resolution procedures, such as a third-party inspection report of the wall 6 established proof that a strictly procedural requirement has not been met and that procedural requirement precludes arbitration, a court can deny a motion to compel arbitration on this ground.” Rodriguez v. Texas Leaguer Brewing Co., 586 S.W.3d 423 , 430 (Tex. App.—Houston [14th Dist.] 2019, pet. denied) (citing Amir v. International Bank of Com., 419 S.W.3d 687, 692 (Tex. App.—

2020“If, however, there is clearly established proof that a strictly procedural requirement has not been met and that procedural requirement precludes arbitration, a court can deny a motion to compel arbitration on this ground.” Id.

36
In Re Pisces Foods, L.L.C.green
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See In re Pisces Foods, L.L.C., 228 S.W.3d 349, 353 (Tex. App–Austin 2007, orig. proceeding) (holding trial court did not abuse its discretion by refusing to compel arbitration, and noting that many courts have held “arbitration could not be compelled when parties who were contractually required to mediate or follow other grievance procedures as a precondition to arbitration had failed to do so.”); Amir v. Int’l Bank of Commerce, 419 S.W.3d 687, 692 (Tex. App.–Houston [1st Dist.] 2013, no pet.). (holding that where it is clearly established that a strictly procedural requirement has not been m

11
John Wiley & Sons, Inc. v. Livingstongreen
scotus · 1964 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See id. at 352-53 (citing Gen.

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 (2)

CaseCitedYears
Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees green
texapp · 2019
1 sentence

2022“If, however, there is clearly 2 The Waseks argue that it “do[es] not make sense” to require them to complete certain of article 19’s dispute-resolution procedures, such as a third-party inspection report of the wall 6 established proof that a strictly procedural requirement has not been met and that procedural requirement precludes arbitration, a court can deny a motion to compel arbitration on this ground.” Rodriguez v. Texas Leaguer Brewing Co., 586 S.W.3d 423 , 430 (Tex. App.—Houston [14th Dist.] 2019, pet. denied) (citing Amir v. International Bank of Com., 419 S.W.3d 687, 692 (Tex. App.—

12022–2022
Seven Hills Commercial, LLC v. Mirabal Custom Homes, Inc. green
texapp · 2014
2 sentences

2022“The exception may apply and a court may determine procedural arbitrability questions when the issues are factually undisputed.” Id.

2022“However, there is a narrow exception to this rule: if clearly established proof shows that a strictly procedural requirement has not been met and that procedural requirement precludes arbitration, a court can deny a motion to compel arbitration on this ground.” Id.

12022–2022

← Caselaw search · G Cite Topics · Brief Check