Karl Bayer's Disputing Blog » Court Decisions about Arbitration

2011 Arbitration Case Law | Texas Supreme Court

By Victoria VanBuren - December 22, 2011

Continuing our 2011 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. On February 27, 2011, the Texas Supreme Court denied cert to a case where agreement required arbitrator to be Saudi National or Muslim Foreigner. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer syst

2011 Arbitration Case Law | Fifth Circuit

By Victoria VanBuren - December 21, 2011

During this year, the U.S. Court of Appeals for the Fifth Circuit decided the following arbitration cases: On July 22, 2011, the Fifth Circuit denied a motion to compel arbitration in multi-billion-dollar ponzi scheme case. In Janvey v. Alguirre, No. 10-10617 (5th Cir. July 22, 2011) the Securities and Exchange Commission (“SEC”) brought suit against the investment company Standford Group Company (“SGC”) and related entities for allegedly perpetr

2011 Arbitration Case Law | U.S. Supreme Court

By Victoria VanBuren - December 20, 2011

Welcome to Disputing‘s 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme Court ruled that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Read James Gaitis guest-posts about the case here and here. On May 17, 2011,

NY Court of Appeals Rules on Federal Evident Partiality Standard and Confims Arbitration Award

By Victoria VanBuren - December 15, 2011

The New York Court of Appeals affirmed an arbitration award arising out of a breach of contract dispute. See U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. 2011 NY Slip Op 8179 (N.Y. Nov. 15, 2011). In the present case, United States Electronics, Inc. (“USE”) sought to vacate an arbitration award in favor of Sirius Satellite Radio, Inc. (“Sirius”). USE claimed that the chairman of the arbitration panel’s son, a mem

TI Pneumotive Files Petition on Arbitration Waiver

By Victoria VanBuren - December 14, 2011

In November, TI Pneumotive, Inc., filed a petition for certiorari in the case TI Pneumotive, Inc. a/k/a Thomas Industries v. Ecological Tanks, 2011-1159 (La. 9/2/11), 68 So.3d 519, 2011. The questions presented are: Whether the Louisiana Supreme Court and lower courts have erred in interpreting Howsam v. Dean Witter Reynolds, Inc ., 536 U.S. 985 (U.S. 2002) to find that it is the province of the arbitrator to decide whether a party has waived its

Indiana Court of Appeals Denies Motion to Compel Arbitration Because Arbitration Firm is no Longer Available

By Victoria VanBuren - December 13, 2011

In Geneva-Roth Capital, Inc. v. Edwards, 956 N.E.2d 1195 (Ind. Ct. App. Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. In the present case, Akeala Edwards filed a class action suit on behalf of herself and a purported class of Indiana residents who obt

Fifth Circuit Compels Non-Signatory to Arbitrate

By Victoria VanBuren - December 5, 2011

In Blaustein v. Huete, No.11-30057 (5th Cir. La. Oct. 26, 2011) Burt David Huete along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with their application for a provisional patent for a wireless tracking device they had invented. SPL retained Timothy and Christopher Maier of Maier & Maier, P.L.L.C. (“the Maiers”) to prepare the patent application. Maier’s representation agree

Second Circuit Rules on the Meaning of ‘Customer’ Under FINRA

By Victoria VanBuren - December 1, 2011

The Second Circuit held recently that the term “customer” under FINRA Rule 12200 does not include a broker-dealer non-party to a credit default swap agreement. See Wachovia Bank v. VCG Special Opportunities Master Fund Ltd., No. 10-1648-cv (2d Cir. N.Y. Oct. 28, 2011). In the present case, Wachovia Bank, N.A. (“Wachovia Bank”) and Wachovia Capital Markets, LLC (“WCM”) (collectively “Wachovia”) sued

Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA

By Victoria VanBuren - November 29, 2011

In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part

U.S. Supreme Court Remands Class Arbitration Waiver Case

By Victoria VanBuren - November 23, 2011

On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR