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Archived articles from May 2009
21 articles found
Fifth Circuit Finds that Nonsignatories Are Bound by Decedent’s Arbitration Agreement
By Victoria VanBuren - May 14, 2009
The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute
Texas Bar Journal Article: The Future of Arbitration
By Victoria VanBuren - May 13, 2009
Mark A. Shank and John L. Turner from Gruber Hurst, Johansen & Hail, LLP wrote a timely article about arbitration, published this month by the Texas Bar Journal. The authors do an excellent job at explaining the virtues of arbitration (speed, informality, and low cost) and at the same time, address the latest challenges to mandatory arbitration by legislation introduced in Congress and the Texas Legislature. If you missed the article, here is
U.S. Supreme Court Rules on Arbitration Non-signatories’ Rights
By Victoria VanBuren - May 12, 2009
Last week, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08–146, 2009 WL 1174853 (May 4, 2009). Justice Scalia delivered the majority opinion, joined by Justices Kennedy, Thomas, Ginsburg, Breyer, and Alito. Justice Souter filed a dissenting opinion, in which Chief Justice Roberts and Justice Stevens joined. The Court decided the following issues: Whether appellate courts have jurisdiction under Section 16(a) of the FAA to r
AAA Announces Non-Binding ADR Services
By Victoria VanBuren - May 11, 2009
The American Arbitration Association recently introduced Non-Binding Resolution Services (arbitration and mediation) for disputes between businesses & consumers and employers & employees. Technorati Tags: arbitration, ADR, law, mediation, non-binding arbitration, consumer arbitration, employee arbitration
George McGovern Opposes the Employee Free Choice Act
By Victoria VanBuren - May 8, 2009
Yesterday, former Democratic senator and presidential candidate George McGovern spoke out against the Employee Free Choice Act of 2009 (S. 560, status, previously blogged here): Last year, I wrote on these pages that I was opposed to this bill because it would eliminate secret ballots in union organizing elections. However, the bill has an additional feature that isn’t often mentioned but that is just as troublesome — compulsory arbit
U.S. Senate Introduces Its Own Version of the Arbitration Fairness Act
By Victoria VanBuren - May 7, 2009
Last week, the U.S. Senate introduced its own version of the “Arbitration Fairness Act of 2009” (H.R. 1020, status). The new bill ( S. 931, status), also titled “Arbitration Fairness Act of 2009,” is similar, but not identical to H.R. 1020. The Senate bill is discussed in detail by Philip J. Loree Jr. in The Senate Weighs in With Its Own Arbitration Fairness Act. Previous Coverage: Myths of Consumer Protection Law (May 4)
Report Recommends ADR Processes
By Victoria VanBuren - May 6, 2009
Via the ADR Prof Blog, we learned that the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System released a report on March 11, 2009. The report recommends, among other things, that courts raise the possibility of pre-trial mediation and other alternative resolution processes. The full report is here . Technorati Tags: arbitration, ADR, law,
Read Our Guest-Post: Hall Street Meets S. Maestri Place
By Victoria VanBuren - May 5, 2009
We invite you to read our recent guest-post at the Loree Reinsurance and Arbitration Law Forum. Introduction by Philip J. Loree Jr: Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon Guest-Post: Hall Street Meets S. Maestri Place: What Standards of Review Will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? Technorat
U.S. Supreme Court Decided Arthur Andersen Case Today
By Victoria VanBuren - May 4, 2009
Today, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08-146. One of the issues resolved by the Court is whether a contract to arbitrate a dispute is enforceable by a nonsignatory party to the agreement. The text of the opinion is here. We will blog on this case after we read it.
Myths of Consumer Protection Law
By Victoria VanBuren - May 4, 2009
As previously blogged here, the debate over predispute arbitration clauses in contracts between businesses and consumers, employees, and franchisees is heating up. Supporters of the Arbitration Fairness Act of 2009 held a press conference last week on “Fairness Arbitration Day.” See related posts after the jump. In contrast, Professor Omri Ben-Shahar from the University of Chicago, spoke recently on the “Myths of Consumer Protec
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