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Arbitrator Accuses E-Discovery Firm of Failing to Turn Up Its Own Evidence
By Victoria VanBuren - February 18, 2009
Here is an interesting article, from the ABA Journal’s Law News Now. By Debra Cassens Weiss. An arbitrator has awarded a former employee of an e-discovery firm $300,000 after chastising her one-time employer for failing to turn up e-mails that supported her case. Cassondra Todd, the former managing director of Guidance Software Inc., claimed the company fired her in part because she was a woman. An initial round of e-discovery produced litt
Fifth Circuit: the Public Policy Exception
By Victoria VanBuren - February 17, 2009
The latest Fifth Circuit‘s decision related to arbitration is Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, _F.3d_ (5th Cir. 2009) (Cause No. 07-20835). This case falls within the Railway Labor Act (RLA), which provides that minor disputes must be resolved through compulsory and binding arbitration before the System Board of Adjustment (SBA). Here, a pilot is appealing an order of the U.S. District Court for the Southern Distr
Third Circuit: Nonsignatories Plantiffs Not Bound by Arbitration Agreement
By Victoria VanBuren - February 16, 2009
In contrast to the Texas case of last week, the U.S. Court of Appeals for the Third Circuit held, in an employment discrimination and retaliation case, that forty-one plaintiffs who were not signatories to the arbitration agreement were not required to arbitrate. Mendez v. Puerto Rican Int’l Cos., No. 07-4053, (3rd Cir. 2009). The eight signatories plaintiffs, however, were compelled to arbitrate their claims. The court stated that section
Texas Supreme Court: Nonsignatories Wrongful Death Beneficiaries Must Arbitrate
By Victoria VanBuren - February 13, 2009
Today, the Texas Supreme Court handed down In re: Labatt Food Service, L.P., __ S.W.3d _ Texas (2009) (Cause No. 07-0419). The opinion resolves the issue of whether nonsignatories to an arbitration agreement should be compelled to arbitrate claims when the decedent’s claims would have to be arbitrated. On a related note, S.B. 222 is currently being considered by the Texas Legislature. The bill deals, in part, with the extension of the Texas
Class Action Arbitration Waiver Found Unenforceable
By Victoria VanBuren - February 12, 2009
On January 30th, 2009, the Second Circuit refused to enforce an arbitration clause contained in American Express Co. merchants’ agreement. In Re: American Express Merchants’ Litigation, No. 06-1871 (2d Cir. 2009). The clause would prevent merchants who accept the card from bringing class-action antitrust claims against American Express. Like the Texas Supreme Court in In re Poly-America, L.P., the Second Circuit cited section 2 of the
Texas Federal Court Upheld Arbitration Award Despite ‘Manifest Disregard of the Law’ Challenge
By Victoria VanBuren - February 10, 2009
Despite a strong challenge, court upheld arbitral award. The U.S. District Court for the Southern District of Texas denied a motion to vacate an arbitral award and held that the arbitration panel did not “manifestly disregard” the law. Dealer Computer Services, Inc. v. Hammonasset Ford Lincoln-Mercury, Inc., Case No. 08-1865 (USDC S.D. Tex. Dec. 22, 2008). In 1993, Computer agreed to provide services for Ford’s dealership software system. The con
Law Review Article Cites “Disputing”
By Victoria VanBuren - February 5, 2009
We recently hit an important milestone. Our blog, Disputing, has been cited in a law review article. The article is titled: Fifth Circuit Survey: Alternative Dispute Resolution, written by Donald R. Philbin Jr. and Audrey Lynn Maness, 40 Tex. Tech L. Rev. 445 (2008). As its title suggests, it provides a summary of noteworthy Fifth Circuit decisions and arbitration trend analysis. The blog posts cited by the article are: Fifth Circuit Rules on Cos
The Texas Perspective on Arbitration of Attorney/Client Disputes
By Victoria VanBuren - February 4, 2009
At Disputing, we have discussed before the issue of arbitrating with your client. Following ABA’s Opinion 02-425 which permits attorneys to include arbitration of fee and malpractice disputes in retainer agreements, the Professional Ethics Committee for the State Bar of Texas has issued Opinion No. 586. This opinion resolves the question of binding arbitration clauses in lawyer-client engagement agreements under the Texas Disciplinary rules of Pr
Is Arbitration Patentable?
By Victoria VanBuren - February 3, 2009
It depends… After yesterday’s post, full of legalese, I thought it might be fun to write something a little lighter today. On January 13, 2009, the U. S. Court of Appeals for the Federal Circuit decided Stephen W. Comiskey’s appeal relating to his patent application with the USPTO. Comiskey claimed a method and system for arbitration involving documents like wills or contracts. The court rejected the claims describing the way of conducting arbitr
Unconscionable Arbitration Agreement: A First for Texas
By Victoria VanBuren - February 2, 2009
In a surprising decision (that almost went unnoticed because of the Holidays and warm Texas weather) arbitration provisions in an employment agreement were found unconscionable by the Texas Supreme Court. In re Poly-America, L.P., 262 S.W.3d 337 (Tex. 2008) involves a retaliatory-discharge claim under the Texas Worker’s Compensation Act (the “Act”) . Justice Brister filed a dissenting opinion. The facts of the case are as follows. In
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