Karl Bayer's Disputing Blog » Court Decisions about Arbitration

Fifth Circuit Rules on Jurisdiction Under the Railway Labor Act

By Victoria VanBuren - March 1, 2012

The United States Court of Appeals for the Fifth Circuit held that an employee pension plan falls within the scope of the Railway Labor Act (“RLA”) and is subject to its mandatory arbitration procedures. In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) plaintiffs are former Continental Airlines pilots (“Retirees”) who filed a class action against Continental Airlines under ERISA § 502(a)(1)(

U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims

By Victoria VanBuren - February 28, 2012

Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu

Corporate Counsel: Citi, Discover Can’t Shake Credit Card Antitrust Suit Over Arbitration

By Victoria VanBuren - February 23, 2012

Do credit card agreements still contain mandatory arbitration provisions? here is an update from Corporate Counsel: We’ve been deluged with news about challenges to mandatory arbitration clauses over the last few months, ever since the U.S. Supreme Court issued its AT&T Mobility v. Concepcion opinion last April. So it’s refreshing to read a decision on arbitration provisions with a twist: in this case a good old-fashioned (alleged

Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration

By Victoria VanBuren - February 21, 2012

On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011). The questions presented are: Can a court affirm a district court’s sua sponte co

Fifth Circuit Finds Arbitration Clause Illusory

By Victoria VanBuren - February 20, 2012

The United States Court of Appeals for the Fifth Circuit held that an agreement was illusory because the defendant retained the unilateral right to modify or terminate the arbitration provision at any time. In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) John Carey (“Carey”) is a former sales representative for 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”). During Carey’s period of emplo

Texas Supreme Court Rules on Selection of Arbitrators

By Victoria VanBuren - February 6, 2012

In Americo Life, Inc. v. Myer, No. 10-0734 (Tex. Dec. 16, 2011), Americo Life, Inc., Americo Financial Life and Annuity Insurance Company, Great Southern Life Insurance Company, the Ohio State Life Insurance Company, and National Farmers’ Union Life Insurance Company (hereinafter “Americo”) and Robert L. Myer and Strider Marketing Group, Inc. (hereinafter “Myer”) contracted for Americo’s purchase of several ins

Fifth Circuit Rules on Jurisdiction for a Petition to Compel Arbitration

By Victoria VanBuren - January 30, 2012

The United States Court of Appeals for 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”). In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) Crescent Ford Truck Sales, Inc. (“Crescent”) operated a Volvo dealership pursuant to a Dealer Sale

U.S. Supreme Court Decides CompuCredit v. Greenwood

By Victoria VanBuren - January 11, 2012

Yesterday, 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 requires the arbitration agreement to be enforced according to its terms. The opinion is here. W

Employment Arbitration | Jones v. Halliburton

By Victoria VanBuren - January 5, 2012

Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun

2011 Arbitration Case Law | Circuit Courts

By Victoria VanBuren - December 26, 2011

Today, as part of our 2011 Year-End Highlights, we present noteworthy arbitration opinions from the Circuit Courts (for Fifth Circuit decisions, click here). The Ninth Circuit refused to compel arbitration because arbitration clause was not broad enough to cover dispute. In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a strand