Karl Bayer's Disputing Blog » Court Decisions about Arbitration

SCOTX Grants Petition for Review of Individual Arbitration Order in Payday Lender Case

By Beth Graham - June 26, 2017

The Supreme Court of Texas has granted a group of payday loan customers’ request to review a putative class action case after the Fourth Court of Appeals in San Antonio ordered the customers to individually arbitrate their claims.

Third Circuit Rules Arbitrability is a Gateway Issue

By Beth Graham - June 23, 2017

The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated.

DOJ Flips on Class Waivers Issue

By Beth Graham - June 19, 2017

On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”).

Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement

By Beth Graham - June 7, 2017

The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing collective action litigation or arbitration for work-related claims.

SCOTX Offers Significant Guidance Regarding Discovery of ESI

By Beth Graham - May 31, 2017

The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”).

Fifth Circuit Holds Payday Lender Waived Right to Arbitration

By Beth Graham - May 25, 2017

In a 2-1 decision, the nation’s Fifth Circuit Court of Appeals has ruled a payday loan lending company that sought criminal charges against customers who failed to repay their loans waived its right to arbitration by substantially invoking the judicial process.

U.S. Supreme Court Denies Certiorari in Texas Arbitration Case

By Beth Graham - May 24, 2017

On Monday, the United States Supreme Court denied certiorari in Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-1271.

SCOTUS Overturns Kentucky Supreme Court in Nursing Home Arbitration Case

By Beth Graham - May 23, 2017

The Supreme Court of the United States has reversed the Kentucky Supreme Court’s decision in a nursing home arbitration dispute.

Patent-Holding Company Asks SCOTUS to Vacate Texas Arbitrator’s Award in Legal Fees Dispute

By Beth Graham - May 22, 2017

A patent-holding company has asked the Supreme Court of the United States to consider its request to vacate an arbitrator’s award in a legal fees dispute.