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Court Decisions about Arbitration

Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked

By Beth Graham - March 10, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.”

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SCOTX Agrees to Consider Whether Crop Insurance Dispute Was Properly Submitted to Arbitration

By Beth Graham - March 5, 2018
The Supreme Court of Texas has agreed to consider whether a crop insurance dispute was properly submitted to arbitration.

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SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

By Beth Graham - February 27, 2018
The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers. 

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5th Circuit Affirms Order Denying Motion for Vacatur of Arbitration Panel’s Unanimous Decision in $586 Million Louisiana Barrier Islands Case

By Beth Graham - February 8, 2018
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has upheld a district court’s decision refusing to vacate an arbitration panel’s unanimous order. 

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SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract

By Beth Graham - February 6, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration.

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Dallas COA Upholds Confirmation of FINRA Arbitration Panel’s Award

By Beth Graham - January 15, 2018
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s order confirming an arbitration award in a securities case. 

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SCOTUS Declines to Review $455 Million International Arbitration Award in Biotech Patent Dispute

By Beth Graham - December 27, 2017
The United States Supreme Court has declined to consider whether an international arbitration tribunal’s award in a breach of contract and patent infringement lawsuit should be overturned.

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Wisconsin Federal Court Confirms Class Arbitration Award Ahead of SCOTUS Decision

By Beth Graham - December 11, 2017
As much of the nation eagerly anticipates a pending United States Supreme Court ruling regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act, a Wisconsin federal court has decided to uphold a class arbitration award in a wage and hour case. 

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New Petition Asks SCOTX to Consider Whether Arbitrator Exceeded His Authority

By Beth Graham - December 4, 2017
A hospital has asked the Supreme Court of Texas to consider whether an arbitrator exceeded his authority in a workplace discrimination dispute.

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Fifth Circuit Rules Louisiana Non-Resident Attachment Statute May be Used Prior to Anticipated Arbitration

By Beth Graham - November 27, 2017
A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration. 

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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