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Court Decisions about Arbitration
SCOTUS to Hear Oral Argument Over Constitutionality of Inter Partes Review of Patents on Monday
By Beth Graham - November 22, 2017
On Monday, the United States Supreme Court will hear oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712. In the case, the nation’s highest court will consider whether the controversial process that is currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.
Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS
By Beth Graham - November 20, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).
DC Court Refuses to Seal Petition to Confirm Arbitration Award
By Beth Graham - November 9, 2017
The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits.
Suspension Set to Begin for Dallas Cowboys Running Back
By Beth Graham - November 1, 2017
A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.
The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence
By Beth Graham - October 26, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) - School of Law, has published “The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41.
Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back
By Beth Graham - October 23, 2017
The legal saga over a National Football League (“NFL”) running back’s controversial six-game suspension has continued on in various federal courts.
SCOTUS Denies Cert. in Texas Ponzi Scheme Case
By Beth Graham - October 13, 2017
On Tuesday, the Supreme Court of the United States denied a petition for certiorari that was filed by a group of former Ponzi scheme financial advisers.
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
By Beth Graham - October 11, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act,” 1 Preview of United States Supreme Court Cases 13 (Oct. 2, 2017); U of Texas Law, Public Law Research Paper No. 577.
Fifth Circuit Holds Court Lacks Appellate Jurisdiction Over Arbitration Order
By Beth Graham - October 4, 2017
The Fifth Circuit Court of Appeals has dismissed an appeal that was filed over a lower court’s order compelling arbitration due to lack of appellate jurisdiction.
SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today
By Beth Graham - October 2, 2017
Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
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