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Sean Jordan’s Texas Supreme Court Arguments Featured in Law360

Posted on: January 10th, 2014

AUSTIN – Sutherland Asbill & Brennan LLP partner Sean D. Jordan was quoted extensively by Law360 from his arguments to the Texas Supreme Court that it should reject a trial court’s invalidation of an arbitration agreement in a dispute over a cotton supply contract.

Mr. Jordan argued that the trial court could have rejected problematic provisions involving attorneys’ fees and damages limitations rather than throwing out the entire arbitration clause. The arbitration involved a cotton supply agreement that a group of farmers had sued to change.  Mr. Jordan and Austin partners Kent C. Sullivan and Danica L. Milios represent Noble Americas Corp. and Venture Cotton Cooperative in the dispute.

“This court’s precedent for years … [has] said that any unconscionable provision in a contract must be severed if it is possible,” Mr. Jordan said. “And if it is not possible because that provision is essential to the purpose of the agreement, only then will the entire agreement not be enforced.”

The article, “Cotton Cos. Want Arbitration of Farmers’ Contract Fight,” appeared in the Jan. 9 issue of Law360 (subscription required). The case is Venture Cotton Cooperative et al. v. Freeman et al., case number 13-0122, in the Supreme Court of the State of Texas.