AZA News
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June 2007
Joe Sibley Obtains Dismissal Of Suit Brought Against Executive By His Former Employer
In June 2007, Joe Sibley obtained a dismissal for lack of personal jurisdiction in a suit filed by an Arizona electric company against is former president. The Arizona company argued that an arbitration provision in a prior agreement between the parties, which provided for arbitration to take place in Houston, Texas, conferred jurisdiction on the Harris County District Court. However, the court agreed with Mr. Sibley's argument that a venue provision for arbitration in Texas is not a consent to the jurisdiction of a Texas court. Moreover, the court found that the arbitration provision had expired by the terms of the parties' prior agreement upon the termination of the employment relationship. The case is currently on appeal to the 1st District Court of Appeals.
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