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Archived articles from July 2009
24 articles found
Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery
By Victoria VanBuren - July 21, 2009
The Supreme Court of Texas held that a court abused its discretion by permitting discovery instead of deciding a motion to compel arbitration. In re Houston Pipe Line Co., __S.W.3d __ (Texas 2009) (No. 08-0800) involves a gas purchase agreement between Houston Pipe Line Company, L.P. and O’Connor & Hewitt, Ltd. The agreement was based on the Houston Ship Channel Price Index (the “Index”) and contained the following arbitrati
National Arbitration Forum Settles with Minnesota’s Attorney General
By Victoria VanBuren - July 20, 2009
To follow up on our post of last week and as reported by the ADR Prof Blog and Professor Ross Runkel’s Law Memo Arbitration Blog, the National Arbitration Forum (“NAF”) announced that is settling its lawsuit with Minnesota’s Attorney General and agrees to step aside from the credit card and consumer debt arbitration business. Lory Swanson released this statement today: National Arbitration Forum Barred From Credit Card And
U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - July 20, 2009
As announced by this press release, the U.S. Subcommittee on Domestic Policy will hold a hearing related to arbitration on July 22, 2009. The hearing is entitled “Arbitration or ‘Arbitrary’: The Misuse of Arbitration to Collect Consumer Debts.” Experts invited to testify include: Michael Kelly, Chief Operating Officer, National Arbitration Forum Richard W. Naimark, Senior Vice-President, International Centre for Dispute Resolution, a division of
Texas Bar Journal: Letter to the Editor on Improving Arbitration
By Victoria VanBuren - July 17, 2009
[Update: Lee Keller King currently works at this firm.] The July 2009 Edition of Texas Bar Journal titled “The Electronic Lawyer,” features the following letter to the editor written by Texas attorney Lee Keller King. Mr. King writes in response to a Texas Bar Journal article published in May 2009 (blogged here). We welcome your commentary about this post! I am one of those critics who believe that the trend in mandatory arbitration h
National Arbitration Forum Sued by the Minnesota Attorney General
By Victoria VanBuren - July 16, 2009
Via the ADR Prof Blog, we learned that the Minnesota Attorney General, Lori Swanson, has filed a lawsuit against the National Arbitration Forum (“NAF”). The Complaint (Minnesota vs. National Arbitration Forum) alleges consumer fraud, deceptive trade practices, and false advertisement. On July 14, the AG’s office issued a press release about the lawsuit (Attorney General Swanson Sues National Arbitration Company for Deceptive Pra
Professor Alan Scott Rau Comments on In re Morgan Stanley
By Victoria VanBuren - July 15, 2009
Professor Alan Scott Rau has forwarded us the following comments relating to our post of yesterday, in which we summarized the recent Texas Supreme Court case of In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665). The Texas Supreme Court gets it absolutely right [and totally without regard to the fact that they quote me.] How could it be otherwise? Compare Justice Hecht’s dissent: “A raving lunatic in a stra
Texas Supreme Court Holds that the Court, not the Arbitrator Should Decide the Issue of Capacity to Contract
By Victoria VanBuren - July 14, 2009
The Texas Supreme Court held that a trial court did not abuse its discretion by declining to submit to the arbitrator the question of whether a party to an arbitration agreement lacks the mental capacity to assent. Justice Medina delivered the opinion of the court, in which Chief Justice Jefferson and Justices Wainwright, Green, Johnson, and Willett joined. Justice Brister filed a concurring opinion, Justice Willett filed a concurring opinion, Ju
Law Review Article: “Disappearing Juries and Jury Verdicts”
By Victoria VanBuren - July 13, 2009
To follow up on our post of last week. We are pleased to recommend another excellent law review article, “Disappearing Juries and Jury Verdicts,” 39 Tex. Tech L. Rev. 289, written by the Honorable Sam Sparks, U.S. District Judge for the Western District of Texas and DLA Piper attorney George B. Butts. The article traces the history of jury trials, presents statistics reflecting the decline in the number of cases tried, and discusses F
Arbitration of Discrimination Claims After 14 Penn Plaza v. Pyett
By Victoria VanBuren - July 8, 2009
On April 1, 2009, the U.S. Supreme Court decided the landmark case 14 Penn Plaza v. Pyett (find our case summary here and additional comments here). Then, in May, a U.S. District Court in Colorado decided the first case post-Pyett (blogged here). Recently, we came across yet another Pyett progeny. This time, it was the U.S. District Court for the Eastern District of New York‘s turn in Shipkevich v. Staten Island Univ. Hosp. & Aramark, 2
U.S. Supreme Court Vacates Sixth Circuit Decision that Nonsignatories May not Enforce Arbitration Agreement
By Victoria VanBuren - July 7, 2009
Looks like the U.S. Supreme Court can’t have enough of arbitration this term. As posted at the Adjunct Law Prof, the Court vacated and remanded Kimberlin v Renasant Bank (Dkt No 08-816). The issue decided by the U.S. Court of Appeals for the Sixth Circuit was whether non-parties to an arbitration agreement can invoke Section 3 of the Federal Arbitration Act and compel arbitration. The U.S. Supreme Court decided this issue recently in Arthur
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