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Archived articles from August 2013
18 articles found
Retired to Greener Pastures: The Public Costs of Private Judging
By Beth Graham - August 14, 2013
Pepperdine University School of Law Professor Maureen Weston has authored Retired to Greener Pastures: The Public Costs of Private Judging, UNL-Springer Publication (forthcoming 2013).
SD Texas Holds Mediation Agreement May Not Reduce Statute of Limitations for Federal ADA, FLSA Claims
By Beth Graham - August 13, 2013
The Southern District of Texas has held that a class action waiver in a mediation agreement was enforceable, but a reduced statute of limitations was not.
‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
By Beth Graham - August 9, 2013
Professors Peter B. Rutledge, University of Georgia Law School, and Christopher R. Drahozal, University of Kansas School of Law, have authored a paper that uses empirical evidence to examine the effect the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion has had on arbitration clauses in business contracts.
Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration
By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.
The Thoughtful Integration of Mediation into Bilateral Investment Treaty Arbitration
By Beth Graham - August 7, 2013
Nancy Welsh, William Trickett Faculty Scholar and Professor of Law at Penn State University’s Dickinson School of Law, and Andrea Kupfer Schneider, Professor of Law and Director of the Dispute Resolution Program at Marquette University Law School have published a timely and interesting journal article entitled, The Thoughtful Integration of Mediation into Bilateral Investment Treaty Arbitration.
Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability
By Beth Graham - August 6, 2013
Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. - Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle.
Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable
By Beth Graham - August 2, 2013
Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.
A Summary of Recent Arbitration Confirmation Cases
By Beth Graham - August 1, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share it here:
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