Karl Bayer's Disputing Blog

SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute

By Beth Graham - February 3, 2016

The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.

NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA

By Beth Graham - February 2, 2016

In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.

Fairness, Trust, and Security in Online Dispute Resolution

By Beth Graham - February 1, 2016

Noam Ebner, Assistant Professor and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “Fairness, Trust, and Security in Online Dispute Resolution,” Hamline Journal of Public Law and Policy, Vol. 36, No. 2, 2015.

Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality

By Beth Graham - January 26, 2016

The Supreme Court of Texas has denied a party's request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.

Confidentiality in Consumer and Employment Arbitration

By Beth Graham - January 25, 2016

Christopher R. Drahozal, Associate Dean for Research & Faculty Development and John M. Rounds Professor of Law at the University of Kansas School of Law, has published “Confidentiality in Consumer and Employment Arbitration,” 7 Yearbook on Arbitration & Mediation, 2015.

The International Evolution of Mediation: A Call for Dialogue and Deliberation

By Beth Graham - January 13, 2016

Thomas Stipanowich, Academic Director at the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at Pepperdine University School of Law, has published “The International Evolution of Mediation: A Call for Dialogue and Deliberation,” 46 Victoria University of Wellington Law Review 1191 (2015); Pepperdine University Legal Studies Research Paper No. 2016/1.

U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute

By Beth Graham - January 12, 2016

Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).