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December 2008 Archives

Landmark Arbitration Decision from Texas Supreme Court

On August 29, 2008, the Texas Supreme Court ruled unconscionable certain provisions in an arbitration agreement that eliminated an employee's right to seek punitive damages and reinstatement by his worker's compensation retaliation/wrongful termination claim.  G. Scott Fiddler represented the employee, Johnny Luna, in this landmark case, which was the first in which the Texas Supreme Court found provisions in an employment arbitration agreement to be substantively unconscionable.  "I took this case nearly six years ago because I wanted to establish a decision that would make it easier for employees to bust unconscionable arbitration agreements," Mr. Fiddler said. "We feel we have achieved that."  The case is In re Poly-America, L.P., 262 S.W.3d 337 (Tex. 2008).

G. Scott Fiddler Honored by Texas Bar Foundation

G. Scott Fiddler has been elected to membership in the Fellows of the Texas Bar Foundation.  Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated committment to the improvement of the justice system throughout the state of Texas.  Each year only on-third of one percent of the State Bar members are invited to become Fellows.

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