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All articles by Beth Graham
1014 articles found
SCOTX Asked to Reconsider Request to Vacate Arbitrator’s Award Based on Public Policy Grounds
By Beth Graham - November 22, 2016
In June, the Supreme Court of Texas denied a company’s petition for review that was filed after its motion to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm was denied.
Drafting for Dispute Resolution: A Concise Guide
By Beth Graham - November 18, 2016
John M. Newman, Assistant Professor of Law at the University of Memphis - Cecil C. Humphreys School of Law, has written “Drafting for Dispute Resolution: A Concise Guide.”
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
State Chart of Relevant Rules or Provisions Governing Mediator Provision of Legal Advice
By Beth Graham - November 10, 2016
Eleanor Crosby Lanier, Managing Attorney for the Mediation Practicum at the University of Georgia School of Law, has compiled a useful resource entitled “State Chart of Relevant Rules or Provisions Governing Mediator Provision of Legal Advice,” University of Georgia School of Law Legal Studies Research Paper No. 2016-37.
Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal
By Beth Graham - November 8, 2016
The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.
The Unwritten Federal Arbitration Act
By Beth Graham - November 3, 2016
Anthony J. Sebok, Professor of Law at Yeshiva University - Benjamin N. Cardozo School of Law, has published an interesting journal article entitled “The Unwritten Federal Arbitration Act,” DePaul Law Review, Vol. 65, 2016: Cardozo Legal Studies Research Paper No. 505.
Texas Federal Court Enjoins Mandatory Arbitration Restriction in Executive Order 13673 – Fair Pay and Safe Workplaces
By Beth Graham - November 1, 2016
Last week, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction regarding the mandatory arbitration restriction and other provisions of Executive Order 13673 – Fair Pay and Safe Workplaces (“EO 13673”).
30 Years Behind and the Road Ahead for the Widespread Use of Mediation
By Beth Graham - October 27, 2016
Professor Lela P. Love, Director of the Kukin Program for Conflict Resolution and Director of the Cardozo Mediation Clinic at Yeshiva University - Benjamin N. Cardozo School of Law, and Ellen A. Waldman, Professor of Law at Thomas Jefferson School of Law, have published “The Hopes and Fears of All the Years: 30 Years Behind and the Road Ahead for the Widespread Use of Mediation,” Ohio State Journal on Dispute Resolution, Vol. 31, No. 2, 2016; Car
Payday Loan Customers Ask Texas Supreme Court to Consider Individual Arbitration Order
By Beth Graham - October 25, 2016
A group of payday loan customers has asked the Supreme Court of Texas to intervene after the Fourth Court of Appeals in San Antonio ordered the putative class to individually arbitrate their claims against a payday lender that filed criminal complaints against its defaulting customers.
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