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Archived articles from June 2014
12 articles found
N.D. of Texas Again Refuses to Consider Texas Securities Act Claim Over Previous Arbitration
By Beth Graham - June 30, 2014
The Northern District of Texas has refused to reconsider an order dismissing a previously arbitrated Texas Securities Act case due to claim preclusion.
Bioethics Mediation at the End of Life: Opportunities and Limitations
By Beth Graham - June 25, 2014
Ellen A. Waldman, Professor of Law at the Thomas Jefferson School of Law has published a stimulating article entitled, Bioethics Mediation at the End of Life: Opportunities and Limitations, Cardozo Journal of Conflict Resolution, Vol. 15, No. 2, p. 449, 2014; Thomas Jefferson School of Law Research Paper No. 2446758.
Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit
By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
Parallel Justice: Creating Causes of Action for Mandatory Mediation
By Beth Graham - June 18, 2014
Hamline University School of Law Professor Marie A. Failinger has authored Parallel Justice: Creating Causes of Action for Mandatory Mediation, University of Michigan Journal of Law Reform, Vol. 47, p. 359 (2014 Forthcoming).
Fifth Circuit Affirms Arbitrator’s Decision in Insurance Dispute
By Beth Graham - June 13, 2014
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration.
U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements
By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.
AAA Consumer Arbitration
By Beth Graham - June 9, 2014
Christopher R. Drahozal, John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development at the University of Kansas School of Law, has published a new book chapter entitled, AAA Consumer Arbitration (Beyond Elite Law: Access to Civil Justice for Americans of Average Means, Samuel Estreicher & Joy Radice eds., Cambridge University Press, Forthcoming).
New York’s Commercial Dispute Rocket Docket
By Renee Kolar - June 5, 2014
The state of New York now offers a consensual accelerated commercial dispute docket for the Commercial Division of its State courts. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts provides that disputing parties who consent to this process must be ready for trial in nine months (including completion of mandatory mediation).
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