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Archived articles from 2014
173 articles found
Friendly Persuasion in Civil Case Mediations
By Beth Graham - November 3, 2014
Professor James A. Wall Jr., Fellow at the University of Missouri School of Law’s Center for Dispute Resolution, and Dr. Suzanne Chan-Serafin, Senior Lecturer at the University of New South Wales School of Organization and Management, have published an interesting article entitled, Friendly Persuasion in Civil Case Mediations, Conflict Resolution Quarterly, 31: 285–303.
E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award
By Beth Graham - October 30, 2014
Earlier this week, a federal judge in Marshall, Texas reportedly ordered a guardrail manufacturer and a whistleblower to engage in mediation by the end of the year. In U.S. ex rel. Harman v. Trinity Industries Inc. et al., No. 12-00089 (E. D. Tex.), a whistleblower and company competitor, Harman, claimed that Trinity Industries changed the design of its highway guardrail heads in 2005 without notifying the Federal Highway Administration (“FHA”).
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments
By Beth Graham - October 27, 2014
Louis Del Duca, Edward N. Polisher Distinguished Faculty Scholar Emeritus and Director, Institute of Commercial Law at the Penn State Dickinson School of Law, has published Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments, Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014.
Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation
By Beth Graham - October 24, 2014
A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation.
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
By Beth Graham - October 23, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute.
Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment
By Beth Graham - October 22, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award without rendering a final judgment. In Leslie v. Hill, No. 14-13-00600-CV (October 16, 2014), two individuals, the Hills, entered into a contract to purchase a majority interest a company from Robert Leslie in 2007. A provision in the agreement stated all disputes related to the purchase contract would be decided through binding
Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable Agreement
By Beth Graham - October 21, 2014
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion to compel arbitration. In Mission Petroleum Carriers, Inc. v. Kelley, No. 14-14-00072-CV (October 9, 2014), a man, Kelley, was hospitalized over the injuries he sustained in a workplace tractor-trailer accident.
A Fair Fight: Professional Guidelines in International Arbitration
By Beth Graham - October 20, 2014
Professor William W. Park, R. Gordon Butler Scholar in International Law at the Boston University School of Law has published a thoughtful article entitled, A Fair Fight: Professional Guidelines in International Arbitration, Forthcoming, 30 Arbitration International 409 (2014); Boston Univ. School of Law, Public Law Research Paper No. 14-53.
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