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Archived articles from November 2010
20 articles found
Fulbright & Jaworski Release 2010 Litigation Trends Survey
By Beth Graham - November 12, 2010
Fulbright & Jaworski has released its 2010 Litigation Trends Survey: Companies Expect More Litigation, Regulation; Continue Emphasis on Managing Legal Cost In Struggling Economy. The 2010 Fulbright & Jaworski Litigation Trends Survey was conducted from May through July by Greenwood Associates, a business research firm in Houston that has produced previous editions of the report. The survey, launched by Fulbright in 2004, is the largest po
Northern District of Texas Refuses to Compel Arbitration in Bankruptcy Proceeding
By Beth Graham - November 11, 2010
The Northern District of Texas has refused to compel arbitration in a bankruptcy proceeding where the equities did not weigh in favor of ordering a non-signatory to arbitration, the party who sought to compel arbitration substantially engaged in adversarial proceedings and issues of bankruptcy law predominated. In Hallwood Group, Inc. v. Balestri (No. 3:10-CV-1198-K) (N.D. Tex. Oct. 21, 2010), the Hallwood Group appealed a bankruptcy court’
Supreme Court Hears Arguments in AT&T Mobility LLC v. Concepcion
By Beth Graham - November 10, 2010
The United States Supreme Court heard oral arguments Tuesday in AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit. AT&T concerns the applicability of state law unconscionability defenses to class arbitration exclusion clauses in consumer arbitration agreements. In the case, Vincent and Liza Concepcion sued AT&T in California over a charge of approximately $30 in connection with purchasing a ce
Supreme Court to Hear AT&T Mobility LLC v. Concepcion Today
By Beth Graham - November 9, 2010
The U. S. Supreme Court will hear AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit, today. In the case, the Court is asked to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning enforcement of an arbitration agreement on the availability of particular procedures when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to
Guest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 8, 2010
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones that do not inspire much in the way of intensive, ideological debate. Generally the Court’s arbitration-related cases fall into this latter category, though last term saw the Court decide 5-3 and 5-4 along ideological lines two politically controvers
Guide for Negotiating an Electronic Health Record (EHR) Contract
By Holly Hayes - November 5, 2010
by Holly Hayes Physician News Digest posted a beginner’s guide to negotiating an Electronic Health Record (EHR) software license agreement. EHR contracts are similar to other software license agreements, but issues specific to health care, including provisions related to HIPAA and “meaningful use” provisions, need to be addressed. The guide focuses on five key areas of a software license agreement (SLA): User license Implementat
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
By Beth Graham - November 4, 2010
The Dallas Court of Appeals has held the mandatory notice requirements set forth in Section 74.451 of the Texas Civil Practice and Remedies Code rendered an arbitration provision unenforceable where the McCarran-Ferguson Act (MFA), 15 U.S.C. § 1012(b), preempted the Federal Arbitration Act (FAA). In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (F
Article | ADR in Labor and Employment Law During the Past Quarter Century
By Beth Graham - November 3, 2010
An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si
Special Master Appointed to Conduct Global Mediation in Bankruptcy Case
By Beth Graham - November 2, 2010
A special master was recently appointed by the Northern District of Texas in NetSphere v. Baron (In re Ondova Ltd. Co.), No. 3-09CV988-RF. The underlying Chapter 11 bankruptcy case involves numerous parties, offshore entities and several related lawsuits. After the bankruptcy court held four status conferences related to the parties’ global settlement agreement (GSA), approved by the bankruptcy court on July 28, 2010, the bankruptcy judge made a
Law Review Article | The Litigation-Arbitration Dichotomy Meets the Class Action
By Beth Graham - November 1, 2010
A forthcoming article entitled “The Litigation-Arbitration Dichotomy Meets the Class Action” by Vanderbilt Law Professor and Director of the Cecil D. Branstetter Litigation & Dispute Resolution Program Richard A. Nagareda makes some interesting and compelling arguments related to AT&T Mobility, LLC v. Concepcion, 09-893, a case set for argument before the U.S. Supreme Court on November 9th. The article examines two cases from
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