Susan Hays, an Austin solo who represents the plaintiffs in the case, said the high court’s denial of review was “unfortunate” and believes the lower court rulings in the case “open the door” to concealment by “bad actor” arbitrators.
If there’s a lesson to be learned from Ashley Brigham Patten v. M. Brett Johnson, it’s that even if an arbitrator and a law firm fail to disclose their prior relationships during an ADR proceeding—including the gifting of a ticket to an NBA basketball game and a wine basket—you can’t sue them later for fraud and breach of contract.
