Karl Bayer's Disputing Blog

SCOTUS to Consider Enforceability of Class Action Waivers in Arbitration Agreements

By Beth Graham - February 26, 2013

Tomorrow, the United States Supreme Court will hear oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the United States Court of Appeals for the Second Circuit addresses whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim. In the case, a number of small businesses, including Italian Colors R

Houston Appeals Court Opens Door for Single-Party Arbitration Agreements

By Beth Graham - February 21, 2013

Houston’s 14th District Appeals Court has reversed a district court’s order denying a company’s motion to compel arbitration. In Cotton Commercial USA, Inc. v. Clear Creek Independent School Dist. (Tex.App.–Houston [14 Dist.], 2012), the Clear Creek Independent School District (“School District”) contracted with Cotton Commercial USA, LP (“Contractor”) for debris removal following Hurricane Ike. A restoration services agreement signed by the part

Former Client Disputes Arbitration Decision Awarding $3M in Attorney Fees

By Beth Graham - February 7, 2013

On January 29th, a unique case was filed in Dallas County. In Parallel Networks, Inc. v. Jenner & Block, LLP, a former client of the law firm filed a motion to vacate an arbitral award of $3 million in attorney fees. In the case, Jenner & Block represented Parallel Networks on a contingency fee basis in a lawsuit against Oracle. After losing a motion for summary judgment, the law firm reportedly determined that Parallel Networks was unlik

U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State

By Jeremy Clare - November 26, 2012

The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and

Why Isn’t ADR More Popular? A Report from Harvard

By Holly Hayes - July 20, 2010

The article below was published this week on the Program on Negotiation at Harvard Law School website. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. JThe authors note that disputants use arbitration and mediation less frequently than their preferences on surveys would predict and than rational parties would.