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Court Decisions about Arbitration
Fourth Circuit Decides FINRA Rules to Govern Dispute Over Auction Rate Securities
By Beth Graham - February 5, 2013
A federal appeals court has ruled that two Wall Street brokerages must arbitrate a $234 million auction rate securities claim in a dispute with a healthcare organization over what exactly constitutes a customer. In January, a panel of the United States 4th Circuit Court of Appeals held that Carilion Clinic was a customer of UBS AG and Citigroup, Inc. pursuant to the Financial Industry Regulatory Authority‘s (FINRA) securities arbitration ru
Texas Supreme Court Reverses Richmont Holdings Decision
By Beth Graham - January 30, 2013
On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
2012 Year-in-Review – Texas Arbitration Case Law
By Victoria VanBuren - January 9, 2013
Continuing our 2012 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the Texas Supreme Court ruled on appellate court jurisdiction over order confirming arbitration award in part and vacating the award in part. Read more here. In In re Lopez, 372 S.W. 3d 174 (June 8, 2012) the Supreme Cour
2012 Year-in-Review – Fifth Circuit Arbitration Case Law
By Victoria VanBuren - January 8, 2013
During 2012, the U.S. Court of Appeals for the Fifth Circuit decided the following arbitration cases: In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). Read more here. In Carey v. 24 Hour Fitness, USA, In
2012 Year-in-Review – SCOTUS Arbitration Case Law
By Victoria VanBuren - January 7, 2013
During 2012, the U.S. Supreme Court decided several cases related to arbitration: On January 10, 2012, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requ
Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA
By Jeremy Clare - December 27, 2012
The United States Court of Appeals for the Fifth Circuit affirmed the district court’s order to compel arbitration finding that it was the arbitrator’s task to evaluate the scope of the grievance and the CBA. Background In International Brotherhood of Electrical Workers, Local Union No. 716, AFL-CIO v. Albemarle Corporation, Inc., No. 11-20883 (5th Cir. June 18, 2012) the International Brotherhood of Electrical Workers (“Union”) filed a grievance
Fifth Circuit Upholds: UPS Union Members Can Bring Title VII Claims in a Federal Judicial Forum
By Jeremy Clare - December 26, 2012
The United States Court of Appeals for the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Background In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), Amber Ibarra worked as a package car driver for the United Parcel Service (“UPS”), but was terminated from her job after she lost control of her van and stru
Fifth Circuit Finds No Reversible Error in District Court’s Affirmation of an Arbitration Award
By Jeremy Clare - December 14, 2012
The United States Court of Appeals for the Fifth Circuit found no reversible error with District Court’s judgment that affirmed an arbitration award in a disability discrimination case. Background In Sabrina Kay Taylor v. University of Phoenix/Apollo Group, No. 11-20681 (5th Cir. Sept. 7, 2012), Sabrina Taylor (“Taylor”) began working for the University of Phoenix (“University”) in January of 2005. Taylor was injured at an employee Christmas part
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
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