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Court Decisions about Arbitration
Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer
By Beth Graham - July 13, 2016
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Ninth Circuit Holds Client May Sue Former Law Firm After Mandatory Arbitration Was Terminated for Non-Payment
By Beth Graham - July 11, 2016
The United States Court of Appeals for the Ninth Circuit has issued a decision stating a law firm’s client may pursue a legal malpractice case against her former attorneys despite that she was unable to pay her share of mandatory arbitration expenses.
Fifth Circuit Affirms $1.45 Million Arbitration Award in Legal Fees Dispute
By Beth Graham - June 30, 2016
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
By Beth Graham - June 24, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment contracts appears increasingly likely to be reviewed by the United States Supreme Court in the near future.
Fifth Circuit Lacks Jurisdiction Over Order Compelling Arbitration in Movant’s Non-Preferred Forum
By Beth Graham - June 1, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that it lacks jurisdiction to consider an appeal from a lower court’s interlocutory order compelling arbitration in a different forum than the movant requested.
Arbitration Conducted Under the TAA May Not Be Vacated on Common-Law Grounds
By Beth Graham - May 21, 2016
On Friday, the Supreme Court of Texas ruled that an arbitral award may not be vacated under the Texas Arbitration Act (“TAA”) based on common-law grounds.
Western District of Texas Refuses to Stay Arbitration Proceedings in Wind Energy Dispute
By Beth Graham - May 4, 2016
The Western District of Texas has refused to stay arbitration proceedings in a dispute between a wind energy company, Papalote Creek, and the Lower Colorado River Authority (“LCRA”).
Second Circuit Reinstates Brady’s Four-Game “Deflategate” Suspension
By Beth Graham - April 25, 2016
The Second Circuit Court of Appeals has reversed a New York district judge’s order vacating an arbitrator’s decision. In National Football League Management Council et al. v. National Football League Players Association et al., No. 15-2801 (L), No. 15-2805 (CON), New England Patriots quarterback Tom Brady was suspended for four games after he was accused of participating in a scheme to cheat in a 2015 playoff game by deflating footballs to a lev
Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award
By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.
How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down
By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.
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