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Archived articles from 2014
173 articles found
Fifth Circuit Reverses in Part N.D. of Texas’ Order Compelling Arbitration in Health Plan Sales Dispute
By Beth Graham - October 17, 2014
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation.
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection
By Beth Graham - October 13, 2014
Jean R. Sternlight, Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law has authored Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection, Brooklyn Law Review, Vol. 80, 2015, Forthcoming.
ConocoPhillips Seeks ICC Arbitration Against Venezuelan State Oil Company
By Beth Graham - October 10, 2014
ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects.
N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
By Beth Graham - October 9, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”
EnergyBuzz: Arbitration for Energy Disputes
By Beth Graham - October 8, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.”
Inherent Powers of Arbitrators to Deal with Ethical Issues
By Beth Graham - October 6, 2014
Margaret L. Moses, Professor of Law and Director of the International Law and Practice Program at Loyola University Chicago School of Law has authored Inherent Powers of Arbitrators to Deal with Ethical Issues, Forthcoming in the Fordham Papers 2014, Ed. Arthur Rovine; Loyola University Chicago School of Law Research Paper No. 2014-01.
Amarillo COA Holds Arbitration is Required in Construction Fee Dispute
By Beth Graham - October 3, 2014
Texas’ Seventh District Court of Appeals in Amarillo has reversed a district court’s decision to deny arbitration in a construction fee dispute. In Journeyman Const. Inc. v. Scottco Mechanical Contractors, Inc., No. 07-13-00393-CV, (Tex. App. – Amarillo, Sept. 26, 2014), a general contractor, Journeyman, entered into a number of subcontracting agreements related to the restoration of the Potter County Courthouse.
SEC Seeks Additional Public Comments Over Proposed Changes to Who May Serve as a FINRA Public Arbitrator
By Beth Graham - October 2, 2014
On October 1st, the nation’s Securities and Exchange Commission (“SEC”) reportedly extended its review of a Financial Industry Regulatory Authority (“FINRA”) proposal to revamp how arbitrators are selected in disputes between brokerages and consumers.
Northern District of Texas Orders Patent Royalty Dispute to Arbitration
By Beth Graham - October 1, 2014
The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002.
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