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All articles by Beth Graham
1014 articles found
Privatizing Mass Settlement
By Beth Graham - January 26, 2015
University of Georgia School of Law Assistant Professor Jaime Dodge has published “Privatizing Mass Settlement,” 90 Notre Dame L. Rev. 335 (2014); UGA Legal Studies Research Paper No. 2015-2. In her scholarly article, Professor Dodge examines privatized bilateral mass settlement as an alternative to both arbitration and multi-district litigation.
Fifth Circuit Reverses Course in Construction Defect Case
By Beth Graham - January 23, 2015
The Fifth Circuit Court of Appeals has reversed its prior decision affirming summary judgment in favor of an insurance company that refused to pay an arbitral award in a construction defect case. In Crownover v. Mid-Continent Casualty Co., No. 11-10166, a Texas couple, the Crownovers, initiated arbitration against the company that built their defective home, Arrow.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively
By Beth Graham - January 19, 2015
Nancy H. Rogers, Professor Emeritus of Law at the Ohio State University Michael E. Moritz College of Law has authored a timely paper entitled, “When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively,” Ohio State Journal on Dispute Resolution, Forthcoming; Ohio State Public Law Working Paper No. 283.
Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis
By Beth Graham - January 12, 2015
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation, and The Rule of Law at Pennsylvania State University’s Dickinson School of Law, and Alex Wiker, Post-Graduate Fellow in International Arbitration at Pennsylvania State University, have published “Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis,” Journal of World Investment and Trade, 2014. In
Corpus Christi COA Holds Arbitration Agreement Was Not Unconscionable in Construction Dispute
By Beth Graham - January 9, 2015
In Valli Construction, Inc. v. Alvites Concrete Services, No. 13-13-00295-CV (Tex. App – Corpus Christi, December 30, 2014), a Chevrolet dealership hired a general contractor, Valli, to build a structure for the company. Valli then hired two local subcontractors to complete concrete and plumbing work on the project.
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
Faith-Based Arbitration Clauses as a Global Alternative to Dispute Resolution
By Beth Graham - January 5, 2015
Albert D. Spalding Jr., Attorney and Associate Professor of Legal Studies at Wayne State University, has authored a thought provoking paper entitled “Faith-Based Arbitration Clauses as a Global Alternative to Dispute Resolution,” Review of Business & Finance Studies, v. 5 (2) p. 1-8, 2014.
The Year of Arbitrator Authority
By Beth Graham - January 2, 2015
Liz Kramer at Arbitration Nation has compiled a thorough year in review of arbitration cases decided on a variety of topics in 2014.
Supreme Court of Texas Reverses Appellate Court’s Holding in Arbitration Waiver Case
By Beth Graham - December 31, 2014
The Supreme Court of Texas has reversed an appellate court’s holding that a company waived its right to arbitration by substantially invoking the judicial process. In Richmont Holdings, Inc. v. Superior Recharge Systems, L.L.C., No. 13-0907 (Tex., December 19, 2014), Richmont Holdings purchased the assets of another company, Superior Recharge Systems, through an affiliate.
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