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Archived articles from 2015
126 articles found
Corpus Christi COA Orders Employment Discrimination Case to Arbitration
By Beth Graham - October 23, 2015
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration. In Ophthalmic Consultants of Texas, P.A. v. Morales, No. 13-15-00278-CV (Tex. App – Corpus Christi, October 15, 2015), an ophthalmology business, Ophthalmic Consultants of Texas, P.A. (“OCT”), apparently hired a physician, Dr. Adolfo Morales, in 2009.
High Profile San Antonio Trust Dispute Sent to Mediation
By Beth Graham - October 21, 2015
A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation.
Mandatory Arbitration in Consumer Finance and Investor Contracts
By Beth Graham - October 14, 2015
Michael S. Barr, Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School, has published “Mandatory Arbitration in Consumer Finance and Investor Contracts,” New York University Journal of Law and Business, Vol. 11, No. 4, 2015.
Getting to Yes… or No
By Merril Hirsh, FCIArb - October 12, 2015
These days, it is common to hear members of the alternative dispute resolution community point out that the moniker “alternative dispute resolution” is a misnomer. If 90-odd% of cases that are not resolved by motion are going to settle, it is pretty difficult to call settlement the alternative dispute resolution.
CFPB Proposal Would Allow Consumers to Forego Arbitration in Favor of Class Litigation
By Beth Graham - October 8, 2015
The Consumer Financial Protection Bureau (“CFPB”) is reportedly considering implementing new regulations that would stop banks and other financial institutions from requiring consumers to settle disputes through binding arbitration.
Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines
By Beth Graham - October 7, 2015
Northeastern University School of Law Professor Brook K. Baker and Katrina Geddes, Master in Public Policy Candidate at Harvard University’s Kennedy School of Government, have written a thought provoking article entitled, “Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines - Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement,” Northeastern University School of Law Research Paper No. 242-2015.
Customized Procedure in Theory and Reality
By Beth Graham - September 28, 2015
Mark C. Weidemaier, Assistant Professor of Law at the University of North Carolina (UNC) at Chapel Hill School of Law, has published “Customized Procedure in Theory and Reality,” Washington and Lee Law Review, Vol. 72, No. 4, 2015.
Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable
By Beth Graham - September 25, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.
Dispute With Dallas Broker Must Be Arbitrated Under FINRA Rules Despite Letter Agreement Designating AAA Arbitration
By Beth Graham - September 24, 2015
Texas’ Fifth District Court of Appeals has ruled that a dispute between a licensed securities broker and an investment company must be arbitrated before FINRA rather than the AAA.
Houston Appeals Court Orders Arbitration in Non-Compete Agreement Case Filed by Schlumberger
By Beth Graham - September 23, 2015
In Parker v. Schlumberger Technology Corporation, No. 01-14-01018-CV (Tex. App – Houston [1st], September 17, 2015), Schlumberger Technology Corporation (“STC”) filed a lawsuit against two individuals in the 268th District Court of Fort Bend County, Texas.
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