Karl Bayer's Disputing Blog

Fort Worth COA Rules Church Must Arbitrate Claims Against Roofing Materials Manufacturer

By Beth Graham - August 30, 2017

Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration.

Evolution of the Arbitration Forum as a Response to Mandatory Arbitration

By Beth Graham - August 29, 2017

Teresa J. Verges, Lecturer in Law and Director of the University of Miami School of Law Investor Rights Clinic, has published “Evolution of the Arbitration Forum as a Response to Mandatory Arbitration,” Nevada Law Journal, Forthcoming.

Mediator Lee Jay Berman Named NADN’S 2017 Distinguished Neutral of the Year

By Beth Graham - August 28, 2017

On August 18th, the National Academy of Distinguished Neutrals (“NADN)” presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman.

5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017

The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”).

CFPB Director Pens NYT Op-Ed Addressing New Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - August 24, 2017

On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in the New York Times in response to recent attempts by lawmakers to repeal a new CFPB arbitration rule.

W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017

It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award.

Online Arbitration as a Remedy for Crowdfunding Fraud

By Beth Graham - August 21, 2017

C. Steven Bradford, Henry M. Grether, Jr. Professor of Law at the University of Nebraska College of Law, has published “Online Arbitration as a Remedy for Crowdfunding Fraud,” Florida State University Law Review, Forthcoming.

SCOTUS Asked to Consider Order Denying Arbitration in Texas Ponzi Scheme Case

By Beth Graham - August 17, 2017

Last week, a group of former Ponzi scheme financial advisers asked the United States Supreme Court to overturn the Fifth Circuit’s decision affirming a lower court’s order denying their motion to compel arbitration.

NLRB Files Responsive Brief in Murphy Oil Case

By Beth Graham - August 16, 2017

In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016).

Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters

By Beth Graham - August 15, 2017

Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges' Gender and Arbitrators' Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21.