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Archived articles from 2006
52 articles found
Texas Supreme Court Rejects More Arguments Against Arbitration
By Rob Hargrove - June 9, 2006
The Texas Supreme Court just issued another decision in the law governing agreements to arbitrate, once again granting mandamus in order to force a case into arbitration. The opinion addresses several of the “hot” issues often raised by parties seeking to avoid arbitration, although perhaps these issues are cooling at this point. The Ripple Family entered into an agreement with a Retailer to purchase a manufactured home. The agreement
International Arbitration and U.S. Federal Courts
By Rob Hargrove - June 8, 2006
Just moments ago, the Fifth Circuit released an opinion examining Section 205 of the Federal Arbitration Act (Chapter 2), which allows for the removal of state court actions which relate to an arbitration agreement or award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the “New York Convention“). The Fifth Circuit Opinion spends a great deal of time in this case explaining
I Missed One
By Rob Hargrove - June 1, 2006
Yesterday, the Workplace Prof Blog pointed out in a post that the Fifth Circuit had issued an opinion, back on May 18, 2006, in which it refused to compel arbitration (link is to .pdf file of the opinion). Obviously, this is a big deal and an unusual event in the Circuit, so apologies for us having missed the opinion. The reason for the omission, for the curious, is the Court’s decision to not publish the opinion. We are frankly not as dili
5th Circuit Reverses Arbitration Vacatur
By Rob Hargrove - May 30, 2006
The Fifth Circuit handed down an opinion (link is to .pdf) today which discusses the qualifications required of a “non-public” arbitrator under the NASD rules. The opinion reverses a trial court decision to vacate an arbitral award on the basis that one of the three arbitrators did not meed NASD standards for arbitrator qualifications. In big cases arbitrated under the NASD rules, a panel of three arbitrators is required, two of whom
Order Compelling Arbitration Final and Appealable
By Rob Hargrove - May 30, 2006
On Friday, the Texas Supreme Court confirmed that Texas law is in line with Federal law holding that a trial court’s order compelling arbitration is final and appealable, and not interlocutory. The opinion is short and provides little in the way of opportunity for pithy commentary, but is useful nonetheless. Childers v. Advanced Foundation Repair, Cause No. 05-0831 Technorati Tags: arbitration, ADR, Texas Supreme Court, law
Fifth Circuit Sends Marine to Arbitration
By Rob Hargrove - May 15, 2006
Late last week, the Fifth Circuit Court of Appeals handed down another opinion holding that a federal statutory cause of action was subject to binding arbitration (link is to .pdf file). This time, the Court ruled that in enacting the Uniform Services Employment and Reemployment Rights Act (“USERRA”), Congress did not intend to preclude employers from requiring military employees to arbitrate their statutory rights. The case itself is
What now, arbitration?
By Karl Bayer - May 12, 2006
Let’s all admit and accept the truth – within the next 10 years THE primary disputing system for most civil matters will be arbitration. Trial courts, juries and appellate courts will continue to dominate criminal and family matters and some personal injury cases. Who knows what will happen with cases involving Information Law. Whine about it, complain, tilt at windmills, but get over it – and quickly. Staying out of arbitration or challeng
Texas Supreme Court Issues Workplace Safety Opinion
By Rob Hargrove - May 12, 2006
This morning, the Texas Supreme Court reversed trial court and Tenth Court of Appeals findings that Kroger was liable for injuries one of its employees sustained while helping a customer load grocery bags into her car. The employee in question had placed one hand on the customer’s car door jamb while steadying the cart with his foot when the customer slammed her car door on his hand (the parking lot was on a slope, hence the foot-steadying)
Fifth Circuit to Rehear Positive Software Case
By Rob Hargrove - May 12, 2006
On January 12, 2006, we blogged about the Fifth Circuit decision in the Positive Software case to vacate an arbitral award on the basis of an undisclosed conflict of interest. Today, the Circuit decided to rehear the case(link is to .pdf file) en banc. We will keep you posted on this and other exciting developments as they unfold. As yet, neither the new briefing schedule nor the oral argument had been set. Technorati Tags: arbitration, ADR, Fift
The Doctrine of Ecclesiastical Abstention
By Rob Hargrove - May 11, 2006
This morning, the Third Court of Appeals released an opinion reviewing a Travis County trial court decision to dismiss certain claims against an Oak Hill church for lack of subject matter jurisdiction, based on the ecclesiastical abstention doctrine, which in turn stems from the First Amendment to the U.S. Constitution. The Third Court of Appeals, after presenting a fairly detailed discussion of the doctrine (and, in turn, of the historical relat
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