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Archived articles from May 2017

12 articles found

SCOTX Offers Significant Guidance Regarding Discovery of ESI

By Beth Graham - May 31, 2017
The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”).

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Fifth Circuit Holds Payday Lender Waived Right to Arbitration

By Beth Graham - May 25, 2017
In a 2-1 decision, the nation’s Fifth Circuit Court of Appeals has ruled a payday loan lending company that sought criminal charges against customers who failed to repay their loans waived its right to arbitration by substantially invoking the judicial process.

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U.S. Supreme Court Denies Certiorari in Texas Arbitration Case

By Beth Graham - May 24, 2017
On Monday, the United States Supreme Court denied certiorari in Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-1271.

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SCOTUS Overturns Kentucky Supreme Court in Nursing Home Arbitration Case

By Beth Graham - May 23, 2017
The Supreme Court of the United States has reversed the Kentucky Supreme Court’s decision in a nursing home arbitration dispute.

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Patent-Holding Company Asks SCOTUS to Vacate Texas Arbitrator’s Award in Legal Fees Dispute

By Beth Graham - May 22, 2017
A patent-holding company has asked the Supreme Court of the United States to consider its request to vacate an arbitrator’s award in a legal fees dispute.

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Fifth Circuit COA Vacates Lower Court’s Order Withdrawing Arbitration

By Beth Graham - May 21, 2017
The nation’s Fifth Circuit Court of Appeals has ordered a discrimination and retaliation lawsuit to arbitration.

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Fifth Circuit Dismisses Appeal Over Arbitrator Selection for Lack of Subject Matter Jurisdiction

By Beth Graham - May 17, 2017
The United States Court of Appeals for the Fifth Circuit has dismissed a company’s appeal from a lower court’s order confirming the selection of a panel of arbitrators due to lack of subject matter jurisdiction.

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Texas Federal Court Rules Insurance Policy Requires Arbitration in England

By Beth Graham - May 10, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England.

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Free-Market Failure: The Wells Fargo Arbitration Clause Example

By Beth Graham - May 9, 2017
Jeff Sovern, Professor of Law at St. John's University School of Law, has written “Free-Market Failure: The Wells Fargo Arbitration Clause Example,” 70 Rutgers U.L. Rev. (Forthcoming); St. John's Legal Studies Research Paper No. 17-0004.

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DC Circuit Vacates Arbitration Award on Public Policy Grounds

By Karl Bayer - May 5, 2017
In National Railroad Passenger Corporation v. Fraternal Order of Police, Lodge 189, No. 16-7004 (DC Cir., April 28, 2017), the United States Court of Appeals for the District of Columbia Circuit affirmed a trial court’s order vacating an arbitration award based on public policy grounds.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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