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Arbitration
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - April 7, 2015
Assistant Professor of Law Kristen Blankley, University of Nebraska College of Law, has published a thoughtful paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Forthcoming.
Fort Worth COA Holds Arbitral Agreement Was Incorporated by Reference in Performance Bond Dispute
By Beth Graham - April 2, 2015
In Granite Re Inc. v. Jay Mills Contracting Inc., No. 02-14-00357-CV (Tex. App. – Fort Worth, March 26, 2015), the City of Granbury, Texas hired a contractor, Jay Mills Contracting (“JMC”), to design and install a boardwalk and several docks. After that, JMC contracted with another company, North American Marine Industries (“NAMI”), to complete the project.
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims
By Beth Graham - March 20, 2015
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
The Will as an Implied Unilateral Arbitration Contract
By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.
Fort Worth COA Orders Employment Dispute to Arbitration
By Beth Graham - March 18, 2015
Texas’ Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying arbitration in an employment dispute. In Brand FX, LLC v. Rhine, No. 02-14-00249-CV (Tex. App. – Fort Worth, February 26, 2015), a publicly traded Delaware company that manufactures trucking industry parts hired a Texas man, Rhine, to serve as its Chief Financial Officer in November 2013.
San Antonio COA Upholds Arbitrator’s Award in Work Injury Case
By Beth Graham - March 16, 2015
Texas’ Fourth Court of Appeals in San Antonio has affirmed a trial court’s order confirming an arbitrator’s award in a work injury dispute. In Saiz v. Susser Holdings Corp. and Stripes LLC, No. 04-14-00487-CV (Tex. App. – San Antonio, March 11, 2015), a worker, Saiz, was injured in a 2010 workplace accident. At the time, her employer, Susser Holdings Corp. and Stripes LLC (‘the Companies”), did not carry workers’ compensation insurance under the
The End of Class Actions?
By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.
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