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Archived articles from 2015
126 articles found
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”).
To Publish, or Not to Publish Arbitral Awards: That is the Question…
By Beth Graham - February 4, 2015
Elina Zlatanska, Visiting Research Fellow at the Chartered Institute of Arbitrators, has authored "To Publish, or Not to Publish Arbitral Awards: That is the Question…," 81 International Journal of Arbitration, Mediation and Dispute Management, Number 1, 2015. In her research paper, Ms. Zlatanska examines some potential pros and cons of establishing a publication mechanism for international commercial arbitral awards.
Houston COA Holds Subsequent Employment Contract Did Not Revoke Prior Arbitral Provision
By Beth Graham - February 2, 2015
Texas’ 14th District Court of Appeals in Houston has overturned a district court’s order denying arbitration in an employment dispute. In The Subsea Co. v. Payan, et al., No. 14–13–00849–CV (Tex. App – Houston [14th Dist.], September 18, 2014), an oil and gas specialty component manufacturer, The Subsea Company, hired a woman to serve as an account manufacturer.
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.
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