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Archived articles from February 2009
16 articles found
Texas H.B. 1083: Status
By Victoria VanBuren - February 26, 2009
In addition to S.B. 222 discussed here, the 81st Texas Legislature is considering H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).” Status: Referred to the Committee on Judiciary & Civil Jurisprudence on 02/24/2009.
Arbitration Award on Attorney’s Fees
By Victoria VanBuren - February 25, 2009
From our good friend Chuck Herring: Here‘s a somewhat interesting decision reversing in part an arbitration award on an attorney’s fees issue, holding that a contract provision that permitted the lawyer to recover fees and expenses for time spent incident to withdrawing from representation was unconscionable and unenforceable on public policy grounds because the DRs require that fees can be charged only for services performed on behal
Federal Legislation on Arbitration
By Victoria VanBuren - February 24, 2009
The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of the U.S. Code with respect to arbitration. This is the “Arbitration Fairness A
White Paper on Arbitration
By Victoria VanBuren - February 23, 2009
We thought you’d want to check out this paper by John Allen Chalk and Rebecca Eaton from Whitaker, Chalk, Swindle & Sawyer, LLP. The authors do an excellent job at compiling noteworthy cases related to general arbitration, employment, consumer, and class actions arbitration.
Texas S.B. 222: Status
By Victoria VanBuren - February 20, 2009
As we discussed here, the 81st Texas Legislature is considering an amendment to the Texas Arbitration Act. Senate Bill 222, authored by Senator Royce West, was filed on November 10, 2008 and was referred to the Committee on Jurisprudence on February 11, 2009. Should you have any comments about S.B. 222, please feel free to contact us.
Arbitration of Attorney/Client Disputes: Webcast Post-Mortem
By Victoria VanBuren - February 19, 2009
Judge Bea Ann Smith, Chuck Herring, and Karl Bayer presented yesterday the issue of Arbitration of Attorney/Client Disputes at the TexasBarCLE. Thanks to Chuck Herring for sharing his paper with us. For more information, visit our previous posts: The Texas Perspective on Arbitration of Attorney/Client Disputes Arbitrating With Your Client? (with link to paper by Dicky Hile)
Arbitrator Accuses E-Discovery Firm of Failing to Turn Up Its Own Evidence
By Victoria VanBuren - February 18, 2009
Here is an interesting article, from the ABA Journal’s Law News Now. By Debra Cassens Weiss. An arbitrator has awarded a former employee of an e-discovery firm $300,000 after chastising her one-time employer for failing to turn up e-mails that supported her case. Cassondra Todd, the former managing director of Guidance Software Inc., claimed the company fired her in part because she was a woman. An initial round of e-discovery produced litt
Fifth Circuit: the Public Policy Exception
By Victoria VanBuren - February 17, 2009
The latest Fifth Circuit‘s decision related to arbitration is Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, _F.3d_ (5th Cir. 2009) (Cause No. 07-20835). This case falls within the Railway Labor Act (RLA), which provides that minor disputes must be resolved through compulsory and binding arbitration before the System Board of Adjustment (SBA). Here, a pilot is appealing an order of the U.S. District Court for the Southern Distr
Third Circuit: Nonsignatories Plantiffs Not Bound by Arbitration Agreement
By Victoria VanBuren - February 16, 2009
In contrast to the Texas case of last week, the U.S. Court of Appeals for the Third Circuit held, in an employment discrimination and retaliation case, that forty-one plaintiffs who were not signatories to the arbitration agreement were not required to arbitrate. Mendez v. Puerto Rican Int’l Cos., No. 07-4053, (3rd Cir. 2009). The eight signatories plaintiffs, however, were compelled to arbitrate their claims. The court stated that section
Texas Supreme Court: Nonsignatories Wrongful Death Beneficiaries Must Arbitrate
By Victoria VanBuren - February 13, 2009
Today, the Texas Supreme Court handed down In re: Labatt Food Service, L.P., __ S.W.3d _ Texas (2009) (Cause No. 07-0419). The opinion resolves the issue of whether nonsignatories to an arbitration agreement should be compelled to arbitrate claims when the decedent’s claims would have to be arbitrated. On a related note, S.B. 222 is currently being considered by the Texas Legislature. The bill deals, in part, with the extension of the Texas
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