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Court Decisions about Arbitration
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute
By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
U.S. Supreme Court Upholds Class-Arbitration Waiver in DirecTV Consumer Dispute
By Beth Graham - December 16, 2015
The United States Supreme Court has upheld an arbitration clause that bars satellite television consumers from engaging in collective action against the service provider.
Ninth Circuit Considers Class Action Waiver in Arbitration Agreement Signed by Ernst & Young Workers
By Beth Graham - December 7, 2015
In November, the Ninth Circuit Court of Appeals heard oral arguments in Morris v. Ernst & Young, No. 13-16599.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - November 25, 2015
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration.
Texas Supreme Court Agrees to Consider Whether Estate Arbitration Award Should Have Been Vacated
By Beth Graham - November 23, 2015
On Friday, the Supreme Court of Texas agreed to consider whether the Fourth Court of Appeals in San Antonio committed error when it refused to vacate an arbitral award on common-law grounds in a mineral and property rights transfer dispute among family members.
NLRB Yet Again Rules Class Arbitration Waivers in Employment Contracts are Invalid
By Beth Graham - November 18, 2015
The National Labor Relations Board (“NLRB”) has yet again ruled that a class arbitration waiver included in an employment contract violates the National Labor Relations Act (“NLRA”).
Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute
By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.
Corpus Christi COA Orders Employment Discrimination Case to Arbitration
By Beth Graham - October 23, 2015
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration. In Ophthalmic Consultants of Texas, P.A. v. Morales, No. 13-15-00278-CV (Tex. App – Corpus Christi, October 15, 2015), an ophthalmology business, Ophthalmic Consultants of Texas, P.A. (“OCT”), apparently hired a physician, Dr. Adolfo Morales, in 2009.
Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable
By Beth Graham - September 25, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.
Dispute With Dallas Broker Must Be Arbitrated Under FINRA Rules Despite Letter Agreement Designating AAA Arbitration
By Beth Graham - September 24, 2015
Texas’ Fifth District Court of Appeals has ruled that a dispute between a licensed securities broker and an investment company must be arbitrated before FINRA rather than the AAA.
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