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All articles by Beth Graham
1014 articles found
Improving Mediation with Consent?
By Beth Graham - April 16, 2013
Jacqueline M. Nolan-Haley, Professor of Law and Director of Fordham University’s Conflict Resolution & ADR Program, has published a thoughtful article entitled, Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent? In her publication, Professor Nolan-Haley examines the impact the judicial system may have on the mediation process.
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
By Beth Graham - April 12, 2013
In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was
Hearing Held to Determine Whether NFL Concussion Litigation Should be Arbitrated
By Beth Graham - April 12, 2013
In a motion to dismiss the case, the league claims player safety has always been a top priority. According to league officials, the case should be submitted to binding arbitration pursuant to the players’ collective bargaining agreement.
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
Concerted Action Includes Concerted Dispute Resolution
By Beth Graham - April 10, 2013
Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.
Houston’s First District Refuses to Compel Lease Dispute to Arbitration
By Beth Graham - April 9, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. After the trial court denied Speedemissions’ motion to compel arbitration, the company filed an appeal with Houston’s First District.
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
By Beth Graham - April 5, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. Under direct-benefits estoppel principles, a nonsignatory must arbitrate a claim if she seeks, through the claim, to derive a direct benefit from the contract containing the arbitration provision.
Texas Legislative Roundup April 3, 2013
By Beth Graham - April 3, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history.
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Arbitrating ‘Arbitrability’
By Beth Graham - April 1, 2013
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published a paper entitled Arbitrating ‘Arbitrability’, World Arbitration and Mediation Review, 2013; U of Texas Law, Public Law Research Paper. In his paper, Professor Rau examines threshold challenges to the use of arbitration in both international and domestic commercial disputes. Here is the abstract: It is quite common, in
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