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All articles by Beth Graham
1014 articles found
Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey
By Beth Graham - December 29, 2014
Symeon C. Symeonides, Alex L. Parks Distinguished Professor of Law and Dean Emeritus at the Willamette University College of Law has published “Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey,” American Journal of Comparative Law, Vol. 63, No. 2, 2015.
El Paso COA Holds Arbitration Agreement Was Not Illusory in Workplace Accident Case
By Beth Graham - December 24, 2014
The Court of Appeals of Texas in El Paso has ordered a workplace personal injury case to arbitration. In ReadyOne Industries, Inc. v. Carreon, No. 08–13–00150–CV (Tex. App – El Paso, December 10, 2014), a man, Carreon, filed a lawsuit against his employer, ReadyOne, after he was allegedly hurt in a 2011 workplace accident.
The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement
By Beth Graham - December 22, 2014
Ramona Lampley, Assistant Professor of Law at St. Mary's University School of Law, has published “The Price of Justice: An Analysis of the Costs That Are Appropriately Considered in a Cost-Based Vindication of Statutory Rights Defense to an Arbitration Agreement,” Brigham Young University Law Review, No. 4, 2013.
Houston COA Affirms Order Denying Arbitration Where Moving Party Failed to Establish a Valid Arbitral Agreement Existed
By Beth Graham - December 18, 2014
Texas’ Fourteenth Court of Appeals in Houston has affirmed a probate court’s order denying arbitration. In the case, In the Estate of Rosa Elvia Guerrero, No. 14–13–00580–CV (Tex. App. – 14th, September 4, 2014), a woman, Guerrero, agreed to purchase a used sport utility vehicle from a Chevrolet dealership, Champion. As part of the agreement, the woman signed a retail installment sales contract, a security agreement, a buyer’s order, and an ar
Non-Judicial Means of Collective Redress in Europe
By Beth Graham - December 15, 2014
S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29.
Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction
By Beth Graham - December 10, 2014
In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant. The parties’ insurance contract contained an arbitration clause.
Fifth Circuit Refuses to Compel Non-Signatory to Arbitration in Texas Negligence Case
By Beth Graham - December 9, 2014
The United States Court of Appeals for the Fifth Circuit has refused to enforce a mandatory arbitration provision that was included in a sales agreement against the spouse of a customer. In Joy Zinante v. Drive Electric, L.L.C., No. 14-20072 (5th Cir. 2014), a Texas couple’s home was unfortunately damaged in a fire that was apparently caused by a defective electric golf cart.
Disappearing Claims and the Erosion of Public Law
By Beth Graham - December 8, 2014
Maria Glover, Associate Professor of Law at the Georgetown University Law Center, has authored an interesting scholarly article entitled, Disappearing Claims and the Erosion of Public Law, Yale Law Journal, Vol. 124, Forthcoming.
New CPR Cross-Border Business Transaction Rules Now in Effect
By Beth Graham - December 6, 2014
New International Institute for Conflict Prevention and Resolution (“CPR”) Rules for use in cross-border business transactions became effective on December 1, 2014.
Arbitration Trends 2014
By Beth Graham - December 2, 2014
A survey recently conducted by Today’s General Counsel asked in-house attorneys about their thoughts on arbitration. The results published in Arbitration Trends 2014 indicate that nearly half of lawyers surveyed normally choose arbitration over traditional litigation because it is required by contract.
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