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Archived articles from January 2015
12 articles found
U.S. Supreme Court Asked to Review Texas Supreme Court Decision Overturning $26 Million Arbitral Award
By Beth Graham - January 30, 2015
The United States Supreme Court has been asked to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.
Houston-Based Oil Co. Withdraws Request for ICSID Arbitration Against Venezuela
By Beth Graham - January 29, 2015
A Houston-based oil and gas company has withdrawn its mid-January request for arbitration before the International Centre for Settlement of Investment Disputes (“ICSID”). On January 16th, Harvest Natural Resources, Inc. reportedly asked the ICSID to consider its case against the Government of Venezuela in an effort to protect its 32 percent stake in the Petrodelta joint oil and gas venture.
Privatizing Mass Settlement
By Beth Graham - January 26, 2015
University of Georgia School of Law Assistant Professor Jaime Dodge has published “Privatizing Mass Settlement,” 90 Notre Dame L. Rev. 335 (2014); UGA Legal Studies Research Paper No. 2015-2. In her scholarly article, Professor Dodge examines privatized bilateral mass settlement as an alternative to both arbitration and multi-district litigation.
Fifth Circuit Reverses Course in Construction Defect Case
By Beth Graham - January 23, 2015
The Fifth Circuit Court of Appeals has reversed its prior decision affirming summary judgment in favor of an insurance company that refused to pay an arbitral award in a construction defect case. In Crownover v. Mid-Continent Casualty Co., No. 11-10166, a Texas couple, the Crownovers, initiated arbitration against the company that built their defective home, Arrow.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively
By Beth Graham - January 19, 2015
Nancy H. Rogers, Professor Emeritus of Law at the Ohio State University Michael E. Moritz College of Law has authored a timely paper entitled, “When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively,” Ohio State Journal on Dispute Resolution, Forthcoming; Ohio State Public Law Working Paper No. 283.
Special Masters: How To Make the Best of Both Worlds, Part V
By Merril Hirsh, James M. Rhodes, Karl Bayer - January 12, 2015
In Part Four we began to discuss solutions (not just problems), and urged that a first step in incentivizing counsel to hold down litigation costs is to have a neutral oversee the process of discovery closely enough (1) to make it in counsel’s interest to act reasonably in the first place; and (2) to rule on unreasonable demands or failures to respond to discovery quickly, so that they gain no tactical advantage.
Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis
By Beth Graham - January 12, 2015
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation, and The Rule of Law at Pennsylvania State University’s Dickinson School of Law, and Alex Wiker, Post-Graduate Fellow in International Arbitration at Pennsylvania State University, have published “Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis,” Journal of World Investment and Trade, 2014. In
Corpus Christi COA Holds Arbitration Agreement Was Not Unconscionable in Construction Dispute
By Beth Graham - January 9, 2015
In Valli Construction, Inc. v. Alvites Concrete Services, No. 13-13-00295-CV (Tex. App – Corpus Christi, December 30, 2014), a Chevrolet dealership hired a general contractor, Valli, to build a structure for the company. Valli then hired two local subcontractors to complete concrete and plumbing work on the project.
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
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