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Court Decisions about Arbitration
Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part
By Victoria VanBuren - May 14, 2012
In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court did not expressly direct a rehearing. The Texas Supreme Court concluded that
California Court of Appeals Denies Confirmation of Award Due to NonPayment of Arbitrator’s Fees
By Victoria VanBuren - April 19, 2012
In Cinel v Christopher, 203 Cal. App. 4th 759, 136 Cal. Rptr. 3d 763 (Cal. App. 2d Dist. 2012), the Second District California Court of Appeal reviewed an order denying a petition to confirm an arbitration award. Defendant appealed an order of the Superior Court of Los Angeles County, California, denying his petition to confirm an arbitration award. The matter had gone to arbitration pursuant to an underlying contract between plaintiff, defendant
Colorado Federal District Court Determines Whether Arbitration Clause in Online Agreement is Illusory
By Victoria VanBuren - April 16, 2012
In a recent case, the United States District Court for the District of Colorado found online arbitration clause enforceable and granted Defendants’ Motion to Compel Arbitration. In Vernon v. Qwest Communs. Int’l, Inc., 09-cv-01840-RBJ-CBS (D. Col. Mar. 8, 2012) Plaintiffs are Qwest internet service customers who asserted claims on behalf of a multi-state consumer class action, alleging that Qwest’s imposition of a $200 early terminati
Ninth Circuit Rules on Enforceability of Class Action Waiver Under the Federal Arbitration Act
By Victoria VanBuren - April 4, 2012
In Coneff v. AT&T, No. 09-35563 (9th Cir. March 16, 2012), Plaintiffs are current and former customers of defendants, New Cingular Wireless Services, Inc., and AT&T Mobility, LLC (“AT&T”). Plaintiffs filed a class action against AT&T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The service agreement requires individualized arbitration of “all disputes and claims,” and
Fourth Circuit Rules that ‘Manifest Disregard of the Law’ Continues to Exist
By Victoria VanBuren - March 27, 2012
Recently, the U.S. Court of Appeals for the Fourth Circuit ruled that the doctrine of “manifest disregard of the law” continues to exist as a ground to vacate arbitration awards under the Federal Arbitration Act (“FAA”). See Wachovia Securities, LLC v.Brand, No. 10-2111 (4th Cir. Feb. 16, 2012). Wachovia Securities, LLC (“Wachovia”) appealed from the district court’s refusal to vacate an arbitration award enter
Rhode Island Supreme Court Okays Unauthorized Practice of Law by Non-lawyer in a Labor Arbitration
By Victoria VanBuren - March 21, 2012
The Rhode Island Supreme Court held that a non-lawyer union representative could represent a grievant in a public labor arbitration. In Re Town of Little Compton, R.I. Supreme Court No. 2011–101-Appeal decided February 9, 2012. The court summarized the facts as follow: On July 8, 2010, the Unauthorized Practice of Law Committee (committee) conducted an investigational hearing in connection with a complaint filed with it by the Town of Little Comp
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
Fifth Circuit Interprets the Meaning of a Reasoned Arbitral Award
By Victoria VanBuren - March 14, 2012
In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”) appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a long-term supply contract which includes a complex formula for capturing the market price of green coke. The contract provides that if a party believed the formula no longe
In Re American Express Merchants’ Litigation | The Meaning of AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - March 8, 2012
Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012): Does the Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion – holding that arbitration clauses may not be invalidated on the ground that they contain class-action waivers – apply only when the underlying caus
Eastern District of Texas Denies Emergency Motion to Enjoin Arbitration Pending Appeal
By Victoria VanBuren - March 6, 2012
Recently, the Eastern District of Texas denied TPV defendants’ emergency motion to enjoin arbitration pending appeal. See Mondis Technology v. LG Electroncis, et al., 2:10cv216 (E.D. Tex. 2/13/12). Find Michael C. Smith’s excellent post about this case here.
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