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Archived articles from 2016
107 articles found
Fifth Circuit Orders FLSA Dispute to Arbitration Based on Delegation Clause in Employer’s Arbitration Policy
By Beth Graham - August 10, 2016
The nation’s Fifth Circuit Court of Appeals has ruled that a delegation clause stating gateway determinations regarding arbitrability must be decided by an arbitrator applied to an oil worker’s preexisting Fair Labor Standards Act (“FLSA”) claim.
The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games
By Beth Graham - August 8, 2016
Despina Mavromati, Managing Counsel and Head of Research & Mediation at the Court of Arbitration for Sport, has written a timely paper entitled, “The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games.”
San Antonio COA Holds Payday Lender Did Not Waive Right to Arbitrate When it Filed Criminal Charges Against Customers
By Beth Graham - August 4, 2016
In a 2-1 decision, Texas’ Fourth Court of Appeals in San Antonio has ruled that a payday loan business did not waive its right to engage in arbitration when the company filed criminal complaints against its defaulting customers.
Special Masters: A Different Answer to a Perennial Problem
By Beth Graham - August 3, 2016
Disputing is proud to announce that "Special Masters: A Different Answer to a Perennial Problem" by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.
Supreme Court of Texas Holds Company Did Not Waive Right to Arbitration
By Beth Graham - August 1, 2016
The Supreme Court of Texas has ruled that a company did not waive its right to arbitration by engaging in the litigation process with a third party.
Will the Supreme Court Agree to Address Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers?
By Beth Graham - July 26, 2016
Christine Neylon O'Brien, Professor of Business Law at Boston College - Carroll School of Management has written “Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?,” University of Pennsylvania Journal of Business Law, Vol. 19, accepted (Forthc
Are Rules Allowing Arbitral Sanctions a Mirage?
By Beth Graham - July 19, 2016
Paul Bennett Marrow, Adjunct Professor at New York Law School, Member of the Commercial Panel for the American Arbitration Association, ADR Systems, Public Member of the FINRA Panel of Neutrals, and Fellow at the Chartered Institute of Arbitrators in London, England, has published “Are Rules Allowing Arbitral Sanctions a Mirage?,” 88 Journal New York State Bar Association 28, June 2016.
Couple Awarded $331,000 in Compensatory Damages Following FINRA Arbitration
By Beth Graham - July 14, 2016
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a wealth management adviser to pay a couple $331,000 in compensatory damages for making unsuitable, high-risk investments.
Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer
By Beth Graham - July 13, 2016
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law
By Beth Graham - July 12, 2016
David S. Schwartz, Foley & Lardner Bascom Professor of Law at the University of Wisconsin Law School, has published “Justice Scalia's Jiggery-Pokery in Federal Arbitration Law,” Minnesota Law Review, Vol. 101, Headnotes 75 (2016); Univ. of Wisconsin Legal Studies Research Paper No. 1387.
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