Menu
Archived articles from March 2011
22 articles found
Law Review Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles
By Beth Graham - March 31, 2011
S.I Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles, Harvard Negotiation Law Review, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2011-07. In the article, Professor Strong discusses how class arbitration diffe
Public Hearing Held on Texas Collaborative Healthcare Bill
By Holly Hayes - March 30, 2011
A public hearing was held yesterday on a collaborative healthcare bill currently before the 82nd Texas Legislature which would establish a Texas Institute of Health Care Quality and Efficiency. SB 8, which seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services,” was referred to the H
Corpus Christi COA Dismisses Interlocutory Appeal from an Order Compelling Arbitration
By Beth Graham - March 29, 2011
The Corpus Christi Court of Appeals has held it lacked jurisdiction to hear an interlocutory appeal from a trial court’s order which compelled arbitration and also refused to grant a writ of mandamus because a party failed to show an appellate remedy would be inadequate. In Circle Zebra Fabricators, Ltd. v. Americas Welding Corp., No. 13-10-00591-CV, (Tex. App. – Corpus Christi, March 17, 2011), Circle Zebra by and through Circle Zebra Management
N.D. of Texas Lifts TRO Enjoining FINRA Arbitrations
By Beth Graham - March 28, 2011
On February 18, 2011, The Northern District of Texas issued a Temporary Restraining Order (TRO) enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA) in Billitteri v. Securities America Inc., et al., No. 3:09-CV-01568-F and related cases, (N.D. Tex., February 18, 2011). In the case, a group of representative plaintiffs in a class action lawsuit jointly filed a Motion for Preliminary Approval of a pa
Dallas COA Holds Arbitration Clause Illusory and Unenforceable
By Beth Graham - March 25, 2011
The Dallas Court of Appeals has held that certain language contained in an employee handbook rendered the contained and referenced arbitration and mediation agreements illusory and unenforceable. In Weekley Homes, L.P. v. Rao, No. 05-10-00570 (Tex. App. – Dallas, March 22, 2011), Len Rao, former Division President of David Weekley Homes, filed a lawsuit against the company which alleged breach of contract, conversion, breach of fiduciary duty, li
ACHE 2011 Congress on Healthcare Leadership
By Holly Hayes - March 24, 2011
Today is the final day of the American College of Healthcare Executives’ (ACHE) 2011 Congress on Healthcare Leadership. This year, the Chicago, Illinois event offered attendees “more than 100 educational seminars, special programs, networking events and professional development possibilities.” This morning, Disputing’s own Karl Bayer and Holly Hayes will present “Introducing Conflict Resolution Strategies in Health Care” at 9 am in the State Ball
S.D. Texas Declines to Enjoin Pending Foreign Arbitration Proceeding
By Beth Graham - March 23, 2011
The Southern District of Texas has denied an ex parte emergency application for a temporary restraining order which sought to enjoin a pending foreign arbitration proceeding because the party seeking the order failed to meet its burden under Rule 65 of the Federal Rules of Civil Procedure. In S&T Oil Equipment and Machinery, LTD v. Juridica Investments Ltd., No. H-11-0542 (S.D. Tex., March 10, 2011), S&T Oil entered into an investment con
Law Review Article | Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
By Beth Graham - March 22, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored an interesting article entitled, “Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?” Nevada Law Journal, Vol. 11, April 2011; The Pennsylvania State University Legal Studies Research Paper No. 6-2011; Conflict Resolution and the Economic Crisis, Symposium Issue. In her article,
Dallas COA Refuses to Seal Arbitration Award Despite Parties’ Agreement
By Beth Graham - March 21, 2011
The Dallas Court of Appeals has held that a trial court properly rejected a party’s motion to seal an arbitration award as part of an enforcement petition despite the existence of a confidentiality agreement between the parties. In McAfee v. Weiss, 05-09-01102-CV (Tex. App. – Dallas, March 16, 2011), Kevin M. Weiss filed a petition to confirm an arbitration award against McAfee in state court. Weiss, a former president at McAfee, Inc. was t
Beaumont COA Holds Section 9 of the FAA Established One Year SOL
By Beth Graham - March 18, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that Section 9 of the Federal Arbitration Act (“FAA”) established a mandatory one year statute of limitations for the enforcement of arbitral awards. In Arthur v. FIA Card Services, N.A., No. 09-09-00520-CV, (Tex. App. – Beaumont, March 10, 2011), Sally LaRue Arthur (“LaRue”) appealed a judgment which confirmed a National Arbitration Forum (“NAF”) award because she was served with a m
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy