The Dallas Court of Appeals, in a case decided August 20, 2012, held that a litigant in arbitration who had information relevant to its post arbitration claim of "evident bias" waives that argument by failing to object to bias during the arbitration process. Ponderosa Pine Energy, LLC v. Tenaska Energy, Inc., No. 05-10-00516-CV, 2012 Tex. App. LEXIS 6915 (Tex. App. Dallas Aug. 20, 2012, nph). The Fifth Circuit reached a similar conclusion a week earlier in Dealer Computer Servs. v. Michael Motor Co., No. 11-20053, 2012 U.S. App. LEXIS 17162 (5th Cir. Tex. Aug. 14, 2012) (unpublished).
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