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Archived articles from March 2009
20 articles found
Fifth Circuit: Life After Hall Street
By Victoria VanBuren - March 17, 2009
Last week, the Fifth Circuit decided whether manifest disregard of the law remains a valid ground for vacating an arbitration award in light of last year’s U.S. Supreme Court case Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). For background and commentary on that case, visit our previous posts: Dead? Alive? Matter of Opinion? Dec. 4, 2008 Rau Responds Jun. 9, 2008 Rau Gives Souter a C-minus Jun. 5, 2008 Glen Wilkers
Texas S.B. 1650
By Victoria VanBuren - March 16, 2009
A new bill related to arbitration was filed last week by the 81st Texas Legislature. S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Status: Filed on 03/10/2009. Technorati Tags: arbitration, ADR, law, Texas S.B. 1650, FAA
Bad Faith and Conflicts of Interest: Positive Software v. New Century
By Victoria VanBuren - March 13, 2009
We hope ya”ll survive four consecutive days of rain here in Austin. A story in today’s Texas Lawyer caught our attention. In the contested arbitration case Positive Software Solutions Inc. v. New Mortgage, et al., a U.S. District Judge issued sanctions against counsel for the defense, for acting in bad faith. The full text of the story is here.
U.S. District Court Denies Nokia’s Request to Compel Arbitration
By Victoria VanBuren - March 11, 2009
Last week, the U.S. District Court for the Southern District of New York refused to compel arbitration on the grounds that Nokia had waived its rights to arbitrate through its conduct in prior proceedings. The case, Nokia Corp. v. InterDigital, Inc. (2009 U.S. Dist. LEXIS 17376) relates to patent infringement and was heard by the Second Circuit on July 31, 2008 (2008 U.S. App. LEXIS 16328). Back then, the Second Circuit concluded that Nokia waive
U.S. Supreme Court Rules on Federal Courts’ Arbitration Jurisdiction
By Victoria VanBuren - March 10, 2009
Yesterday, the U.S. Supreme Court decided Vaden v. Discover Bank (No. 07-773) 556 U.S. __ (2009). Interpreting section 4 of the FAA, the Court held that the federal court had no jurisdiction to compel arbitration because the underlying dispute arose under state law and the whole controversy did not qualify for federal-court adjudication. Special thanks to our friend Ross Runkel for bringing this important case to our attention. Visit here profess
Patent Dispute Resolution On-line Survey
By Victoria VanBuren - March 9, 2009
This post caught my attention, written by Gene Quinn from the IP Watchdog. I visited the survey and it takes only 3 minutes to complete the multiple choice questionnaire. Needless to say, this study could be an excellent avenue to promote arbitration and mediation to aid the resolution of patent-related disputes. The Alternative Patent Dispute Resolution Project (”APDRP”) at Thomas Jefferson School of Law (”TJSL”) in San Diego, California is cond
Texas S.B. 556 and H.B. 1635
By Victoria VanBuren - March 6, 2009
Another beautiful week in Austin, Texas. We thought you would be interested to know that the following bills have been introduced recently by the 81st Texas Legislature: S.B. 556. To amend the Insurance Code, by, among other things, adding a clause to provide for binding arbitration agreements within the context of health care contracts with physicians and health care providers. Status: Referred to the Senate Committee on State Affairs on 02/23/2
Fifth Circuit: Arbitrator Should Determine Arbitrability
By Victoria VanBuren - March 5, 2009
In Agere Systems Inc. v. Samsung Electronics Co., Ltd., (No. 07-40984), the Fifth Circuit held that the question of arbitrability should be decided by an arbitrator. The dispute between Agere Systems and Samsung Electronics arouse out of five patent cross-licensing agreements (dated 1990, 1995, 1999, 2000, and 2006). In 2006, Agere sued Samsung for breach of the licensing agreement and Samsung responded by invoking a mediation clause contained in
Texas Bar Blog
By Victoria VanBuren - March 3, 2009
The State Bar of Texas just launched its own blog. The blog includes a directory of Blogs by Texas Lawyers. We are proud to be listed under “New and Noteworthy.” Welcome to the legal blogosphere!
Texas Supreme Court: In Re jindal and In Re Bank of America
By Victoria VanBuren - March 2, 2009
Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue o
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