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Archived articles from February 2015
12 articles found
Special Masters: How To Make the Best of Both Worlds, Part VII
By Merril Hirsh, James M. Rhodes & Karl Bayer - February 24, 2015
In the past few posts, we have been discussing how special masters can be part of making resolutions of disputes fair, just and efficient. Part IV focused on using special masters as hands-on managers to incentivize parties to avoid discovery disputes in the first place and to resolve discovery disputes quickly, fairly and with a minimum of expense when they do occur.
Fort Worth COA Orders Condo Purchase Dispute to Arbitration
By Beth Graham - February 24, 2015
Texas’ Second District Court of Appeals in Fort Worth has ordered parties to a condominium sales contract to arbitrate their dispute despite that one purchaser failed to sign the agreement.
Teaching Students to Be Problem-Solvers and Dispute-Resolvers
By Beth Graham - February 23, 2015
Andrea Kupfer Schneider, Professor of Law at Marquette University Law School, Jill Gross, James D. Hopkins Professor of Law and Director of Legal Skills at Pace Law School, and John Lande, Isidor Loeb Professor of Law at the University of Missouri School of Law have authored “Teaching Students to Be Problem-Solvers and Dispute-Resolvers,” Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke
Supreme Court of Texas Agrees to Consider Whether Attorney-Client Arbitration Agreement is Unconscionable
By Beth Graham - February 20, 2015
Earlier today, the Supreme Court of Texas agreed to consider whether or not an arbitration agreement between a law firm and its former client was one-sided and substantively unconscionable. In the case, In re: Royston Rayzor Vickery & Williams, LLP, No. 14-0109, a man, Lopez, retained a law firm, Royston Rayzor Vickery & Williams, LLP (“Royston”) to represent him in divorce proceedings related to his common law marriage.
Fifth Circuit Overturns Lower Court’s Order Partially Vacating Arbitral Award
By Beth Graham - February 20, 2015
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s order vacating a portion of an arbitral award. In BNSF Railway Co. v. Alstom Transportation, Inc., No. 13-11274 (5th Cir. Feb. 5, 2015), a railroad company, BNSF, hired another company, Alstom, to manage its locomotive maintenance program.
Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation
By Beth Graham - February 19, 2015
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation.
Arbitral Panel Issues $10 Million Award Against Disgraced Bicyclist Lance Armstrong
By Beth Graham - February 17, 2015
Earlier this month, an arbitration panel issued a $10 million award against former professional bicyclist Lance Armstrong and now-defunct team management company Tailwind Sports Corporation. The award resulted after an arbitral panel agreed to reopen 2005 arbitration proceedings between Armstrong and Dallas-based SCA Promotions over cycling-related bonuses.
U.S. Supreme Court Denies Certiorari Petition in California Class Arbitration Case
By Beth Graham - February 11, 2015
The United States Supreme Court has refused to consider a California case holding the Federal Arbitration Act (“FAA”) does not apply to a worker’s labor code enforcement claim that was brought under California’s Private Attorneys General Act (“PAGA”). In CLS Transportation Los Angeles, LLC v. Iskanian, No. 14-341, a worker sought to file a class action lawsuit against his employer over a number of wage and hour claims.
Opening the Floodgates of Small Customer Claims in FINRA Arbitration
By Beth Graham - February 10, 2015
Teresa Jacqueline Verges, Lecturer in Law and Director of the Investor Rights Clinic at the University of Miami School of Law has published, “Opening the Floodgates of Small Customer Claims in FINRA Arbitration: FINRA v. Charles Schwab & Co., Inc.,” 15 Cardozo J. Conflict Resol. 623, 2014. In her article, Professor Verges examines the effect that recent U.S. Supreme Court decisions regarding the Federal Arbitration Act have had on the Financial I
Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion Wind Energy Dispute
By Beth Graham - February 9, 2015
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No. 3:14-CV-2815-K (February 5, 2015), AVIC and Thompson (“plaintiffs”) entered into a wind energy joint investment agreement with Tang and four others (“defendants”).
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