A recent edition of D Magazine (May-June 2014) posits that the Supreme Court of Texas could change the way companies do business in a matter of months. The case of Tenaska Energy Inc. v. Ponderosa Pine Energy LLC concerns a $125 million award in Ponderosa’s favor over the sale of a Cleburne power plant. The award was vacated by a trial court, which found that an arbitrator had failed to fully disclose the nature and extent of his relationship with Ponderosa’s attorney.
On appeal, the Dallas Court of Appeals reversed and rendered judgment confirming the award, saying that the arbitrator had disclosed enough, and that by not objecting or investigating further, Tenaska had waived further complaint. Tenaska took the dispute to the state’s highest court, where Deborah Hankinson presented oral argument on its behalf. [Link to full story]