Legal Opinion
Burlington Northern Railroad v. TUCO Inc.
Texas Supreme Court
Decided December 4, 1997No. 95-1317PublishedCited by 113 opinions
1Opinion of the CourtPhillips, Chief Justice
in which GONZALEZ, HECHT, CORNYN, OWEN and BAKER, Justices, join.
Under section 171.014 of the Texas Civil Practice and Remedies Code, a court shall vacate an arbitration award if there has been *630“evident partiality by an arbitrator appointed as a neutral.” We hold that a neutral arbitrator selected by the parties or their representatives exhibits evident partiality under this provision if the arbitrator does not disclose facts which might, to an objective observer, create a reasonable impression of the arbitrator’s partiality. Applying this standard in the case before us, we hold that the…
2Cases cited36 opinions
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Merit Insurance Company v. Leatherby Insurance Company A/K/A Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
- Forsythe International, S.A. v. Gibbs Oil Company of TexasCourt of Appeals for the Fifth Circuit · 1990
- Jean Schmitz Leonard Schmitz v. Carlos J. Zilveti, III Nicholas S. Meris Prudential-Bache Securities Inc., AKA Prudential Securities, Inc.Court of Appeals for the Ninth Circuit · 1994
- Wheeler v. St. Joseph HospitalCalifornia Court of Appeal · 1976
31 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- McGrath v. FSI Holdings, Inc., Texas Court of Appeals, 5th District (Dallas)2008
- Tenaska Energy, Inc. v. Ponderosa Pine Energy, LLCTexas Supreme Court · 2014
- Ancor Holdings, LLC v. Peterson, Goldman & Villani, Inc., Texas Court of Appeals, 5th District (Dallas)2009
- Mariner Financial Group, Inc. v. BossleyTexas Supreme Court · 2002
- Americo Life, Inc. v. MyerTexas Supreme Court · 2014
108 more not listed; retrieve them via the Exa API.