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    This summary discusses a Texas appellate court case regarding a motion to compel arbitration of claims between a former employee and their former employer. The court found that the arbitration provision applied to former employees and required claims by the former employee to be arbitrated. The trial court's denial of the motion was reversed.

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    This summary discusses a Texas appellate court case regarding a motion to compel arbitration of claims between a former employee and their former employer. The court found that the arbitration provision applied to former employees and required claims by the former employee to be arbitrated. The trial court's denial of the motion was reversed.

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    Where doctors get screwed by forest park richard tousiant and wade barker and alan beauchamp

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    Ascendant Anesthesia PLLC and V, Forest PArk, Forest PArk medical center, forest park dallas, alan beauchamp, mac burt, wade barker, forest park san antonio,forest park frisco, forest park fort worth

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    This summary discusses a Texas appellate court case regarding a motion to compel arbitration of claims between a former employee and their former employer. The court found that the arbitration provision applied to former employees and required claims by the former employee to be arbitrated. The trial court's denial of the motion was reversed.

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    Download as pdf or txt
    825 views2 pages

    Find Similar Content: Ascendant Anesthesia PLLC and v. Abazi

    Uploaded by

    docinformer
    This summary discusses a Texas appellate court case regarding a motion to compel arbitration of claims between a former employee and their former employer. The court found that the arbitration provision applied to former employees and required claims by the former employee to be arbitrated. The trial court's denial of the motion was reversed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    1/31/12

    Ascendant Anesthesia PLLC and v. Abazi - Texas Lawyer

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    Ascendant Anesthesia PLLC and v. Abazi


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    Tx. App. Dist. 5 August 2, 2011

    In this interlocutory appeal, Ascendant Anesthesia PLLC and Richard Toussaint, M.D. appeal the trial court's order denying Ascendant's motion to compel arbitration of claims for damages between Ascendant's former employee Alketa Abazi and appellants. No provision of the Anesthesia Policies, on its face, precludes application of the policies to former employees. The trial court erred by denying the motion 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 to Ascendant" are expressly not subject to arbitration, the unambiguous language of the provision that requires arbitration for all other controversies does not extend to claims by former employees. The language 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 to overcome the presumption against waiver." The trial court's order is reversed, rendered granting the motion, and remanded. Dallas Court of Appeals, No. 05-11-00115-CV, 08-02-2011.

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