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Archived articles from May 2015
8 articles found
U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26 Million Arbitral Award
By Beth Graham - May 28, 2015
The United States Supreme Court has declined 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 Supreme Court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.
Checkmate: Early Moves Define Negotiation Outcomes
By Beth Graham - May 20, 2015
The Litigation Section of the State Bar of Texas recently published Don Philbin’s article entitled “Checkmate: Early Moves Define Negotiation Outcomes” in its newsletter.
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.
Special Masters: How To Make the Best of Both Worlds, Part XIII
By Merril Hirsh, James Rhodes & Karl Bayer - May 11, 2015
In Part Twelve, we suggested harnessing the motivation that has led courts to refer cases to settlement conferences or to insist on private mediation in favor of an alternative – a plan regularly to refer cases sufficiently complex to benefit from active case management for oversight by a special master.
Fifth Circuit Holds Conduct of Parties Expanded Arbitrator’s Authority in Contract Dispute
By Beth Graham - May 11, 2015
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitrator did not exceed his authority when he analyzed whether a contract was formed because the parties substantially participated in arbitral proceedings without contesting the issue.
San Antonio COA Holds Firefighter is Collaterally Estopped From Challenging Arbitration in Health Benefits Dispute
By Beth Graham - May 7, 2015
Texas’s Fourth District Court of Appeals in San Antonio has ruled that a firefighter was collaterally estopped from challenging arbitration in a dispute over his medical benefits.
Where Have All The Idealists Gone? Long Time Passing, Part X
By Jeffrey Krivis - May 6, 2015
Recognizing the importance that adapting the process so that the marketplace continues to appreciate and use it, there are a number of trends that will impact the future of mediation in the court system:
Special Masters: How To Make the Best of Both Worlds, Part XII
By Merril Hirsh, James M. Rhodes & Karl Bayer - May 1, 2015
In Part Eleven, we urged that the more regular the process is of retaining special masters, the most likely it is to achieve its function of holding down costs by heading off disputes. We suggested that we should change our historic practice by making the possible use of special masters more the rule than the exception. So what does that mean?
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