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Archived articles from 2018

88 articles found

Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration Based on Resident’s Verbal Consent to Daughter’s Agency

By Beth Graham - July 30, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency.

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SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration

By Beth Graham - July 28, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. 

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Federal Judge Refuses to Enforce AT&T’s Arbitration Policy Against Former Employee

By Beth Graham - July 27, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination case.  In AT&T Mobility Services, LLC v. Francesca Jean-Baptiste, No. 17-11962 (July 13, 2018), a woman, Jean-Baptiste, worked as an Assistant Store Manager at an AT&T store in New Jersey. 

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A Short Defense of Southland, Casarotto, and Other Long-Controversial Arbitration Decisions

By Beth Graham - July 23, 2018
University of Kansas School of Law Professor Stephen J. Ware has published “A Short Defense of Southland, Casarotto, and Other Long-Controversial Arbitration Decisions,” Loyola Consumer Law Review, Vol. 30, No. 3, 2018. 

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Second Circuit Vacates Order Denying Arbitration of Former Department Store Employee’s ADA Claims

By Beth Graham - July 19, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store. 

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Reconciling Fault Lines in Arbitration and Redefining Arbitration Through the Broader Lens of Procedure

By Beth Graham - July 10, 2018
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at Loyola University New Orleans College of Law, has authored “Reconciling Fault Lines in Arbitration and Redefining Arbitration Through the Broader Lens of Procedure,” 18 Nev. L.J. 511 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-07.

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SCOTX Will Not Consider Whether Arbitrator Exceeded Authority in Workplace Discrimination Case

By Beth Graham - July 9, 2018
The Supreme Court of Texas has declined to consider whether an arbitrator exceeded his authority in a workplace discrimination dispute.

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First Circuit Holds Uber’s Online Mandatory Arbitration Clause is Unenforceable

By Beth Graham - July 7, 2018
The United States Court of Appeals for the First Circuit has ruled that an arbitration clause contained in a ride-sharing app company’s online contract is unenforceable under Massachusetts law.

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Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement

By Beth Graham - July 5, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate.

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English Justice for an American Company?

By Beth Graham - July 3, 2018
Christopher C. French, Professor of Practice at Penn State Law, has published “English Justice for an American Company?,” 97 Tex. L. Rev. Online __ (2018). 

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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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