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Court Decisions about Arbitration

S.D. Texas Compels Wireless Telephone Franchise Dispute to Arbitration

By Beth Graham - November 21, 2013
The Southern District of Texas has compelled a contract dispute over the operation of a number of wireless telephone stores to arbitration.

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Sixth Circuit Relies on Recent Supreme Court Decision to Deny Class Arbitration

By Beth Graham - November 12, 2013
The United States Court of Appeals for the Sixth Circuit has held that a Texas attorney may not engage in class arbitration against the parent company of the legal research system LexisNexis.

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Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law

By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.

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Fifth Circuit Holds Procedural Questions for ICDR to Decide

By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").

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Third Circuit Rules Delaware Arbitration Program is Unconstitutional

By Beth Graham - October 23, 2013
Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.

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Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel

By Beth Graham - October 17, 2013
The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel.

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N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute

By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.

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Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio

By Beth Graham - October 8, 2013
Texas’ Fourth District has held that an arbitration provision in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute.

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October 2013 Supreme Court Term Begins

By Beth Graham - October 7, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138.

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ND Texas Compels Would-Be FLSA Class Action to Arbitration

By Beth Graham - September 25, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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