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Archived articles from September 2009
18 articles found
Reminder: 33rd Annual Page Keeton Civil Litigation Conference | Austin October 29-30
By Victoria VanBuren - September 29, 2009
Need CLE credits? The University of Texas School of Law will host its 33rd Annual Page Keeton Civil Litigation Conference on October 29-30, 2009 at the Four Seasons Hotel in Austin, Texas. Professor Tracy McCormack and Karl Bayer will present on October 30, “Effective Advocacy in Arbitration.” Arbitration: do you know when you should ask for it and what to do if you get it? Concrete instruction on advocacy in arbitration, using actual
Reminder: State Bar of Texas CLE | Dallas October 29-30 | Business Torts
By Victoria VanBuren - September 28, 2009
Mark your Calendars! The Texas Bar CLE presents a new course on Business Torts, co-sponsored by the Litigation Section of the State Bar of Texas. The live conference will take place in Dallas on October 29-30, 2009. This course will provide discussions on the following areas: • Tortuous Interference • Trade Secrets & Misappropriation • Fraudulent & Negligent Misrepresentation • Breach of Fiduciary Duty in Business Litigation • Business To
Texas Bar Journal Article: “Mediation Myths and Lies”
By Victoria VanBuren - September 25, 2009
Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations. Here is his list of myths: A Strong Mediator is Better Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonab
Michigan Journal of International Law Article on Class Action Arbitration
By Victoria VanBuren - September 23, 2009
Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte
GUEST-POST PART IVB | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 21, 2009
Part IVB: How will the Court Rule on the Merits? By Philip J. Loree Jr. I. Introduction In Part IVA (here) we considered whether the question in Stolt-Nielsen was one for the court or the arbitrators to decide, and predicted that at least five Justices of the United States Supreme Court will hold that the court must decide it. If we are correct, then the Supreme Court will consider on a de novo basis whether the arbitration panel had the authorit
Mediation Confidentiality
By Victoria VanBuren - September 19, 2009
by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a
Jones v. Halliburton: Fifth Circuit Rules on Arbitration of Tort Claims by an Employee
By Victoria VanBuren - September 18, 2009
[Ed. note: see our previous posts about this case here and here.] The United States Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration. I. Background In
Class Action Suit Filed Against the National Arbitration Forum
By Victoria VanBuren - September 17, 2009
As brought up for discussion by Professor Peter Friedman at our Commercial and Industry Arbitration and Mediation LinkedIn Group, the law firm of Milberg LLP has filed a class action lawsuit against the National Arbitration Forum (NAF). The Complaint alleges, among other things, that NAF falsely presented its arbitration services as neutral. (read more here) [Update: Click on the link for the text of the Complaint Magnone v. Accretive LLC, courte
U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”
By Victoria VanBuren - September 16, 2009
As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration
Atlantic Coast In-House Article: The Role of Special Master in E-Discovery
By Victoria VanBuren - September 15, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote an interesting piece about the role that a special master plays in electronic evidence disputes. Mr. Vogel writes that a special master in e-discovery usually: conducts interviews of IT employees; reviews software; examines data; searches websites; holds hearings on various disputes; assists judges by reviewing motions for summary judgment; and has priva
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