1/31/12 Ascendant Anesthesia PLLC and v. Abazi - Texas Lawyer

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Ascendant Anesthesia PLLC and v. AbaziDouglas S. Lang Justice Other Decisions

Tx. App. Dist. 5 August 2, 2011

In this interlocutory appeal, Ascendant Anesthesia PLLC and Richard Toussaint, M.D. appeal the trialcourt's order denying Ascendant's motion to compel arbitration of claims for damages betweenAscendant's former employee Alketa Abazi and appellants. No provision of the Anesthesia Policies, onits face, precludes application of the policies to former employees. The trial court erred by denying themotion to compel arbitration. The court rejects Abazi's argument that because the arbitration provision"carved out the disputes most likely to occur between an employer and former employees," i.e.,disputes involving "non-competition, non solicitation and disclosure of information belonging toAscendant" are expressly not subject to arbitration, the unambiguous language of the provision thatrequires arbitration for all other controversies does not extend to claims by former employees. Thelanguage of the arbitration provision as a whole cannot be harmonized under Abazi's interpretation.Ascendant's acts should not be deemed to have "substantially invoked the judicial process enough toovercome the presumption against waiver." The trial court's order is reversed, rendered granting themotion, and remanded. Dallas Court of Appeals, No. 05-11-00115-CV, 08-02-2011.

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1/31/12 Ascendant Anesthesia PLLC and v. Abazi - Texas Lawyer

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