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Archived articles from 2009
224 articles found
Fifth Circuit Confirms Arbitration Award in Employment Case
By Victoria VanBuren - June 8, 2009
In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company did not waive its right to arbitration by participating in administrative proceedings initiated by employee and affirmed the District Court’s confirmation of an arbitration award. In Green v. Service Corporation International, No. 08-20607 (5th Cir. June 2, 2009), Phillip Green was hired by SCI Management, a subsidiary of Service Corporation Internation
The $4.1 Billion Employment Arbitration Award
By Victoria VanBuren - June 7, 2009
[update: the judgment confirming the award in Chester v. iFreedom is here; from Settle It Now] In case you have not heard, a California court has confirmed recently a $4.1 billion award for an employment-related dispute. Following is an AP article from Yahoo Technology News discussing the case. We welcome your commentary! LA judge OKs $4.1 billion award in pay dispute Posted on – Fri Jun 5, 2009 LOS ANGELES – A judge approved a $4.1 b
Texas Legislature Update: Alternative Dispute Resolution Bills
By Victoria VanBuren - June 6, 2009
As previously blogged, the 81st Regular Session of the Texas Legislature adjourned on June 1st. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Here are the bill’s history and analysis. H.B. 1083. The bill, auth
The Texas Legislature Adjourned
By Victoria VanBuren - June 4, 2009
Although the 81st Texas Legislature adjourned Monday night, some speculate that the Governor will call a special session to address legislation to keep five state agencies from shutting down: the Texas Department of Transportation, the Texas Department of Insurance, the Texas Racing Commission, the Texas State Affordable Housing Corp., and the Office of Public Insurance Counsel. As the dust settles, we will comment on the dispute resolution bills
LinkedIn Commercial and Industry Arbitration and Mediation Group Follow-Up
By Victoria VanBuren - June 3, 2009
Further to our May 21th announcement of the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group, we are pleased to share with you that the group has since grown to 76 members. We welcome new members. Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of ADR organizations; business entity representatives and
Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street
By Victoria VanBuren - June 2, 2009
Over the past year, the circuit courts have differed over whether the “manifest disregard of the law” doctrine survives the U.S. Supreme Court’s holding in Hall Street. Hall Street Assoc. v. Mattel, Inc., 128 S. Ct. 1396 (2008). In a recent article, Philip J. Loree Jr. analyzes the Second Circuit’s interpretation of Hall Street in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). Interestingly, the
U.S. Supreme Court: The End of Software Patents?
By Victoria VanBuren - June 1, 2009
Fifth Circuit: Sham Arbitration Cannot Be Used to Perform an Unlawful Transfer
By Victoria VanBuren - May 29, 2009
In a one-paragraph opinion, the U.S. Court of Appeals for the Fifth Circuit held that arbitration cannot be used to circumvent procedural requirements of the Texas Structured Settlement Protection Act (“SSPA”) and affirmed the District Court’s refusal to confirm an arbitration award. In Symetra Life Ins. Co. v. Rapid Settlements Ltd., No. 08-20248, Symetra National Life Insurance Company, (“Symetra”) payor of structu
ICANN: Recent Developments in Internet Governance
By Victoria VanBuren - May 28, 2009
As a future computer scientist, it is hard not to write about the most recent issue of Landslide, published by the ABA Section of Intellectual Property Law. The magazine contains an excellent article by Mark V. B. Partridge and Scott T. Lonardo. The authors discuss ICANN‘s recent developments in the Internet domain name system: Domain Name Tasting. In order to decrease the practice of domain name tasting, ICANN has adopted a new policy to l
Texas Legislature Update
By Victoria VanBuren - May 27, 2009
[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitra
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