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Arbitration
SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute
By Beth Graham - February 3, 2016
The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality
By Beth Graham - January 26, 2016
The Supreme Court of Texas has denied a party's request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.
Confidentiality in Consumer and Employment Arbitration
By Beth Graham - January 25, 2016
Christopher R. Drahozal, Associate Dean for Research & Faculty Development and John M. Rounds Professor of Law at the University of Kansas School of Law, has published “Confidentiality in Consumer and Employment Arbitration,” 7 Yearbook on Arbitration & Mediation, 2015.
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute
By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Legislative Approaches to Trust Arbitration in the United States
By Beth Graham - December 30, 2015
Professor Lee-Ford Tritt, Director of the Center for Estate Planning, Director of the Estates & Trusts Practice Certificate Program, and Associate Director of the Center on Children and Families at the University of Florida Levin College of Law, has written “Legislative Approaches to Trust Arbitration in the United States,” Arbitration of Internal Trust Disputes: Issues in National and International Law, Oxford University Press, S.I. Strong, ed.,
Transparency in Arbitrator Selection
By Beth Graham - December 26, 2015
Professor Catherine A. Rogers, Paul and Marjorie Price Faculty Scholar and Professor of Ethics, Regulation & The Rule of Law at Penn State Law, and Director of the Institute for Ethics Regulation & The Rule of Law, Queen Mary, University of London, has written “Transparency in Arbitrator Selection,” Austrian Yearbook on International Arbitration, Forthcoming.
U.S. Supreme Court Upholds Class-Arbitration Waiver in DirecTV Consumer Dispute
By Beth Graham - December 16, 2015
The United States Supreme Court has upheld an arbitration clause that bars satellite television consumers from engaging in collective action against the service provider.
An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014
By Beth Graham - December 10, 2015
Vera Korzun, Adjunct Professor at Fordham University School of Law, and Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, have published “An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014,” Fordham International Law Journal, Vol. 39, No. 2, 2015; Fordham Law Legal Studies Research Paper No. 2698315.
Ninth Circuit Considers Class Action Waiver in Arbitration Agreement Signed by Ernst & Young Workers
By Beth Graham - December 7, 2015
In November, the Ninth Circuit Court of Appeals heard oral arguments in Morris v. Ernst & Young, No. 13-16599.
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