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Archived articles from 2014
173 articles found
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).
Fifth Circuit Affirms Vacatur of Arbitration Award Where Intent to Arbitrate Was Not Clear and Unmistakable
By Beth Graham - June 3, 2014
The Fifth Circuit Court of Appeals has affirmed a lower court’s vacatur of an arbitral award in an employment dispute.
Texas Supreme Court Denies Armstrong’s Writ of Mandamus Petition
By Beth Graham - June 2, 2014
The Supreme Court of Texas has refused to hear former professional bicyclist Lance Armstrong’s appeal in an ongoing dispute over a prior arbitration settlement.
Ethics Consultations and Conflict Engagement in Health Care
By Beth Graham - May 29, 2014
Charity Scott, Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law, has published a thought-provoking article entitled, Ethics Consultations and Conflict Engagement in Health Care, Cardozo J. of Conflict Resolution, Vol. 15, pp. 363-423, 2014; Georgia State University College of Law, Legal Studies Research Paper No. 2014-11.
Texas Supreme Court Holds Arbitrator’s Partial Disclosure of Information Supports Finding of Evident Partiality
By Beth Graham - May 28, 2014
On Friday, the Supreme Court of Texas held that a neutral arbitrator’s partial disclosure of relevant facts that might reasonably lead an objective observer to believe he was biased towards one party constitutes evident partiality.
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Amarillo Appeals Court Finds Arbitral Award Issued After Deadline May Not be Confirmed
By Beth Graham - May 22, 2014
Texas’ Seventh Court of Appeals in Amarillo has ruled that trial courts may not confirm an arbitral award that was issued after a deadline imposed by a court or the parties’ agreement.
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