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Court Decisions about Arbitration
W. D. Texas, San Antonio Division Orders ERISA Lawsuit to Individual Arbitration
By Beth Graham - November 4, 2019
The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration.
Sixth Circuit Creates Split on International Arbitration Discovery Question
By Beth Graham - October 28, 2019
The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private international arbitration proceeding.
Amazon Asks Federal Court to Compel Arbitration in Alexa Children’s Privacy Lawsuit
By Beth Graham - September 24, 2019
Retail giant Amazon has reportedly asked a Washington federal court to send a proposed class action lawsuit that was brought against the company in June to arbitration.
Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice
By Beth Graham - September 9, 2019
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim.
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention
By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case
By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.
Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration
By Beth Graham - July 9, 2019
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.
SCOTX Grants Petition For Review Over Local Government Arbitration Question
By Beth Graham - July 1, 2019
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Supreme Court of Guam Upholds Harris County, Texas Court’s Order Confirming Arbitration Award
By Beth Graham - June 13, 2019
In a case of first impression, the Supreme Court of Guam has upheld a Texas court’s confirmation of an arbitration award that was issued against a Guam-based business.
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