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Archived articles from 2018
88 articles found
Fifth Circuit Affirms Vacatur After Arbitrator Exceeded His Authority
By Beth Graham - September 10, 2018
The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies.
Houston COA Holds Administrator Not Bound by Will’s Arbitration Provision
By Beth Graham - September 7, 2018
A Houston appeals court has ruled that the administrator of an estate is not bound by an arbitration clause that was contained in a will.
A New Legal Framework for Employee and Consumer Arbitration Agreements
By Beth Graham - August 27, 2018
Imre S. Szalai, Judge John D. Wessel Distinguished Professor in Social Justice at Loyola University New Orleans College of Law, has published “A New Legal Framework for Employee and Consumer Arbitration Agreements,” 19 Cardozo J. Conflict Resol. 653 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-09.
Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration
By Beth Graham - August 18, 2018
It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.
Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?
By Beth Graham - August 17, 2018
Jacqueline M. Nolan-Haley, Professor of Law at Fordham University School of Law, has published a thoughtful journal article titled “Does ADR's 'Access to Justice' Come at the Expense of Meaningful Consent?,” Ohio State Journal on Dispute Resolution, Vol. 33, No. 3, 2018; Fordham Law Legal Studies Research Paper No. 3230033.
Fifth Circuit Rules John Deere Dealer May Not Avoid Arbitration
By Beth Graham - August 16, 2018
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling arbitration despite one party’s avoidance attempts.
N.D. Texas Orders Debt Collection Case to Arbitration Based on Nonsignatory’s Motion
By Beth Graham - August 15, 2018
The Northern District of Texas has ordered a lawsuit between a debtor and a nonsignatory debt collector to arbitration.
Austin COA Affirms Order Confirming $16 Million Arbitration Award Despite Lack of Hearing Record
By Beth Graham - August 9, 2018
Texas’ Third District Court of Appeals in Austin has affirmed a lower court’s order confirming an arbitration award despite that no transcription of the arbitration hearing was created.
A Cooperative Federalism Approach to Shareholder Arbitration
By Beth Graham - August 8, 2018
Zachary D. Clopton, Assistant Professor of Law at Cornell Law School, and Verity Winship, Professor of Law at the University of Illinois College of Law, have published “A Cooperative Federalism Approach to Shareholder Arbitration,” 128 Yale L.J.F. 169 (2018).
El Paso COA Holds Transportation Instructor is Exempt From Arbitration Agreement Based on FAA Exception
By Beth Graham - August 6, 2018
The Eighth District of Texas in El Paso has affirmed a district court’s order denying arbitration in a workplace discrimination case.
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