Karl Bayer's Disputing Blog » Court Decisions about Arbitration

Corpus Christi COA Orders Employment Dispute to Arbitration

By Beth Graham - July 9, 2013

In an interlocutory appeal, the Corpus Christi Appeals Court has reversed a lower court’s decision to deny a party’s motion to compel arbitration in an employment dispute.

San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration

By Beth Graham - July 3, 2013

Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No. 04-13-00110-CV), several former nursing home residents alleged that a long-term care facility committed a number of acts of negligence against facility patients.

Amicus Brief Opportunity for ADR Scholars and Practitioners

By Beth Graham - June 27, 2013

Disputing would like to thank Professors Kristen M. Blankley, University of Nebraska College of Law, and Liz Tippett, University of Oregon School of Law, for the following guest post:

U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”

By Beth Graham - June 26, 2013

A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.

Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs

By Beth Graham - June 21, 2013

Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.

U.S. Supreme Court Decides American Express v. Italian Colors

By Beth Graham - June 20, 2013

Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).

Texas Supreme Court Issues Emergency Stay to Consider Arbitration

By Beth Graham - June 19, 2013

Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.

U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty

By Beth Graham - June 12, 2013

On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.

Supreme Court Upholds Class Arbitration Decision in Sutter

By Beth Graham - June 11, 2013

Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.

Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions

By Beth Graham - May 31, 2013

The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t