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Archived articles from 2017
117 articles found
How the Supreme Court’s Misconstruction of the FAA Has Affected Consumers
By Beth Graham - October 19, 2017
Professor Margaret L. Moses, Director of the International Law and Practice Program at the Loyola University Chicago School of Law, has published “How the Supreme Court's Misconstruction of the FAA Has Affected Consumers,” Forthcoming, Loyola Consumer Law Review, Vol 30, 2017.
SCOTUS Denies Cert. in Texas Ponzi Scheme Case
By Beth Graham - October 13, 2017
On Tuesday, the Supreme Court of the United States denied a petition for certiorari that was filed by a group of former Ponzi scheme financial advisers.
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
By Beth Graham - October 11, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act,” 1 Preview of United States Supreme Court Cases 13 (Oct. 2, 2017); U of Texas Law, Public Law Research Paper No. 577.
New Treasury Department Report Recommends SEC Allow Shareholder Arbitration
By Beth Graham - October 10, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial market rules. The report titled “A Financial System That Creates Economic Opportunities Capital Markets” was prepared in response to Executive Order 13772, which was issued in early February.
Fifth Circuit Holds Court Lacks Appellate Jurisdiction Over Arbitration Order
By Beth Graham - October 4, 2017
The Fifth Circuit Court of Appeals has dismissed an appeal that was filed over a lower court’s order compelling arbitration due to lack of appellate jurisdiction.
Agreeing to Collaborate in Advance?
By Beth Graham - October 3, 2017
Kristen Blankley, Associate Professor of Law at the University of Nebraska College of Law, has published “Agreeing to Collaborate in Advance?,” Ohio State Journal on Dispute Resolution, Vol. 32, No. 4, 2017.
SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today
By Beth Graham - October 2, 2017
Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
Lawsuit Seeks to Halt CPFB Rule Against Mandatory Arbitration Agreements that Ban Class-Actions
By Beth Graham - September 30, 2017
Yesterday, the United States Chamber of Commerce and a coalition of corporate business lobbying groups filed a lawsuit in the Northern District of Texas seeking to enjoin the Consumer Financial Protection Bureau (“CFPB”) from enforcing a new rule that prohibits most financial service providers from requiring consumers to sign mandatory arbitration agreements that bar class-action lawsuits.
Trial and Error: Legislating ADR for Medical Malpractice Reform
By Beth Graham - September 26, 2017
Lydia R. Nussbaum, Associate Director of the Saltman Center for Conflict Resolution and Associate Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law, has published “Trial and Error: Legislating ADR for Medical Malpractice Reform,” Maryland Law Review, Vol. 76, No. 2, 2017.
Appellate Court Refuses to Order Uber-Waymo Dispute to Arbitration
By Beth Graham - September 25, 2017
A federal appellate court has affirmed a lower court’s order denying a motion to compel arbitration in a dispute between Uber Technologies and Google Corporation's self-driving car spin-off, Waymo LLC.
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