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Court Decisions about Arbitration
Supreme Court of Texas Asked to Vacate Arbitrator’s $3M Legal Fees Award
By Beth Graham - March 28, 2016
The Texas Supreme Court is currently considering a petition for review in a unique case involving arbitration. Three years ago, a business filed a motion seeking to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm in Dallas County.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
9th Circuit botches another arbitration case
By Beth Graham - March 24, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.”
NLRB Continues Attack on Class and Collective Action Waivers
By Beth Graham - March 16, 2016
The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.
Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute
By Beth Graham - March 9, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals.
NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers
By Beth Graham - March 7, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law.
SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute
By Beth Graham - February 3, 2016
The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality
By Beth Graham - January 26, 2016
The Supreme Court of Texas has denied a party's request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.
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