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Archived articles from 2009
224 articles found
Fifth Circuit Hears Appeal on Arbitration of Tort Claims in Employment Contract
By Victoria VanBuren - April 28, 2009
The Fifth Circuit heard arguments yesterday on Halliburton‘s appeal of Jones v. Halliburton, coming from the Southern District of Texas. The lower court refused to compel arbitration of plaintiff’s claims for: assault and battery, intentional infliction of emotional distress arising out of an alleged assault, negligent hiring, retention and supervision of employees involved in the assault, and false imprisonment. That court, however,
GUEST-POST | Rectifying a Critical Flaw in the Arbitration Fairness Act of 2009
By Victoria VanBuren - April 27, 2009
By Philip Loree, Jr. Introduction The Loree Reinsurance and Arbitration Law Forum is pleased and honored that Victoria VanBuren of Disputing has invited us to guest blog on the Arbitration Fairness Act of 2009 (the “Arbitration Fairness Act”). Our blog shall likewise be featuring Victoria as a guest blogger from time-to-time. Victoria suggested that the Arbitration Fairness Act would be a particularly pertinent topic in light of the “Arbitration
Tomorrow’s Guest Blogger and The Arbitration Fairness Act of 2009
By Victoria VanBuren - April 26, 2009
[Ed. note: see guest blog post here] Disputing will be honored to have guest blogger Philip Loree, Jr. Phil will be sharing insightful comments and will propose some solutions to the problems that the Arbitration Fairness Act of 2009 will likely create in disputes between commercial entities. (see past coverage of the Act here and here) Phil is a partner at the boutique law firm of Loree & Loree, where he focuses his practice on reinsurance l
Arbitration Fairness Day: Follow Up
By Victoria VanBuren - April 24, 2009
[Ed. note: see new commentary on the Act here] Following up on my post of yesterday and to continue with our tradition to explore both sides of the issue, we would like to share with you this study on arbitration published by Public Citizen. Related links: Fair Arbitration Now Public Citizen Calls for 12 State to Investigate Insurers’ Use of Questionable Arbitration Firm Thanks to Cindy Schnackel, from Homeowners Against Deficient Dwellings
April 29: Arbitration Fairness Day
By Victoria VanBuren - April 23, 2009
[Ed. note: see follow up post here and new commentary on the Act here] As H.R. 1020 (“Arbitration Fairness Act of 2009″) blogged here moves through Congress, supporters of the bill prepare to hold a press conference in Washington D.C. on April 29, 2009 to lobby to end prospective arbitration in contracts between businesses and consumers, employees, homeowners, and franchise holders. Find the status of the bill here. Hat tip to Philip
Texas Supreme Court Orders Arbitration in Oil and Gas Dispute
By Victoria VanBuren - April 21, 2009
Last week, the Supreme Court of Texas decided In re Gulf Exploration, LLC, No. 07-0055 (Tex. Apr. 17, 2009). The issue was whether mandamus review of orders compelling arbitration should be entirely precluded. Thanks to Don Philbin for bringing this case to our attention. First, the court noted the narrow exception articulated by the Fifth Circuit in Apache Bohai v. Texaco China, that mandamus might be available if an applicant can show “cl
You Can’t Have It Both Ways: Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - April 20, 2009
Last week, the Fifth Circuit decided Geraldine Nicholas v. KBR, Inc., No. 08-20140, (5th Cir. Mar. 15, 2009). The court affirmed the district court’s ruling denying Nicholas’ motion to compel arbitration of her contract dispute with KBR. Nicholas waived her right to arbitrate (pursuant to an arbitration clause) because she substantially invoked the judicial process to the prejudice of KBR. The court applied a two-prong test: Did Nicho
Court Affirms Arbitration Panel’s Order to Reinstate In-House Attorney in Employment Discrimination Case
By Victoria VanBuren - April 17, 2009
This week, a Court of Appeals for the State of Wisconsin decided Sands v. Menard, Inc., No. 2008AP1703, 2009 WI App 70. Sands is a former general counsel for Menard, Inc. Her employment was terminated following a dispute over compensation. Pursuant to a mandatory arbitration agreement, Sands submitted her claims to an arbitration panel. The panel found that Menard violated the Equal Pay Act by paying Sands less than a male employee and also 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
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