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Archived articles from April 2009
20 articles found
HP Requests Exception to ICANN Rule
By Victoria VanBuren - April 16, 2009
Hewlett-Packard requested the ICANN an exception to the rule that new domain names must consist of at least three characters. The company wants to register .HP and claims that the rule puts HP in a disadvantaged position against its competitors, like IBM. See: Hewlett-Packard Wants .HP Domain Name at the Domain Wire. Technorati Tags: law, HP, domain name
Texas H.B. 2696: Hearing Scheduled for Today
By Victoria VanBuren - April 15, 2009
A public hearing for H.B. 2696 is scheduled to take place today. The bill would, among other things, prohibit one contracting party from requiring the other party to agree to arbitration as a condition of the contract. It also provides that an agreement is unconscionable if its enforceability would violate a right protected by either the U.S. or Texas Constitutions. In addition, an agreement to arbitrate must be displayed prominently in 12-point
NY Federal Court Refuses to Compel Arbitration in Case Involving Law Student Loans
By Victoria VanBuren - April 14, 2009
The U.S. District Court for the Southern District of New York decided recently Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009). Plaintiff Fensterstock claims, on behalf of a class, that defendants Education Finance Partners (“EFP”) and Affiliated Computer Services (“ACS”) improperly applied an undisclosed fee to his law student loans. EFP and ACS filed a motion
Microsoft Loses Patent Infringement Dispute
By Victoria VanBuren - April 13, 2009
Last week, a Rhode Island federal court ordered Microsoft Corp. to pay $388 million to Uniloc USA Inc. for willful infringement of software patents. Uniloc USA Inc., et al. v. Microsoft Corp., No. 03-440, (D. R.I. 2009). The verdict is said to be one of the largest patent infringement jury awards in U.S. history. Related Posts: Oh Microsoft, Microsoft , Moderation Please: Rhode Island Seemingly Applies Frye in Microsoft Patent Infringement Trial,
Second Circuit Rules on Expenses of Arbitration
By Victoria VanBuren - April 9, 2009
Today, the Second Circuit decided ReliaStar Life Ins. Co, of N.Y. v. EMC Nat’l Life Co., No. 07-0828 (2nd Cir. Apr. 9, 2009). The court held that inclusion in an arbitration agreement of a broad statement that each party will bear the expenses of its own arbitrator and attorney’s fees does not deprive the arbitration panel of authority to award those expenses as a sanction against a party whom the panel determines failed to arbitrate
U.S. Bill Would Limit Consumer Arbitration
By Victoria VanBuren - April 8, 2009
As the U.S. Supreme Court and consumer studies on arbitration praise the benefits of arbitration, the 111st Congress is advancing a bill that would ban arbitration in consumer mortgage contracts. H.R. 1728 proposed by Rep. Miller (D- NC), titled the “Mortgage Reform and Anti-Predatory Lending Act of 2009,” would Amend the Truth in Lending Act of 1968. The bill provides, among other things, that “[n]o residential mortgage loan an
Fifth Circuit Denies Motion to Vacate Arbitration Award
By Victoria VanBuren - April 7, 2009
In Nat’l Resort Mgmt v. Cortez, No. 08-10805 (5th Cir. Mar. 31, 2009), the Fifth Circuit cited Hall Street v. Mattel and Citigroup v. Bacon, stating that “the number of grounds for challenging an arbitration award has been substantially reduced.” The two-paragraph unpublished opinion affirmed the lower court’s ruling. The court added that “given the deference accorded to arbitration awards, there is no flaw in this p
14 Penn Plaza v. Pyett: Conflicts of Interest
By Victoria VanBuren - April 6, 2009
Last Friday, we wrote about the latest U.S. Supreme Court case related to arbitration. As we re-read the lengthy opinion, one of the issues that caught our attention was the composition of the parties (fully described here) and the potential for conflicts of interest. As Justice Stevens‘ dissenting opinion points out, the majority noted “the problem of entrusting a union with certain arbitration decisions given the potential conflict
U.S. Supreme Court Enforces Agreement to Arbitrate Discrimination Claims in 14 Penn Plaza v. Pyett
By Victoria VanBuren - April 3, 2009
This week, the U.S. Supreme Court decided (5-4) 14 Penn Plaza v. Pyett, No. 07-581, (U.S. Apr. 1, 2009). Justice Thomas delivered the opinion of the Court, joined by Chief Justice Roberts and Justices Scalia, Kennedy, and Alito. Justice Stevens filed a dissenting opinion. Justice Souter filed a dissenting opinion as well, joined by Justices Ginsburg and Breyer. Respondents are employed as night lobby watchmen and are members of the Service Employ
Second Circuit Denies Oracle’s Motion to Compel Arbitration
By Victoria VanBuren - April 1, 2009
The Second Circuit ruled recently on the case Arbercheski v. Oracle Corp., No. 06-3472, 2009 U.S. App. LEXIS 5723 (2nd Cir. Mar. 18, 2009) that Oracle has waived its right to arbitration. The court concluded that the plaintiff showed sufficient prejudice from Oracle’s attempt to initiate arbitration proceedings. Some of the facts the court cited were: Oracle’s eleven-month delay between the commencement of litigation and the filing of
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