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Court Decisions about Arbitration
Plaintiff Sues Arbitrator and the American Arbitration Association for Due Process
By Victoria VanBuren - August 8, 2011
As discussed in Lexology, a plaintiff filed a suit in federal court against the American Arbitration Association (“AAA”), the Arbitrator, and two employees of the AAA alleging that his due process rights were violated during the underlying arbitration proceedings. The court dismissed the action, concluding that the arbitral immunity set out in the Nevada’s Uniform Arbitration Act Section 38.229 protected the defendants against t
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
Texas Court of Appeals Finds Arbitration Waiver and Refuses to Compel Arbitration
By Victoria VanBuren - July 25, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has denied an appeal seeking to overturn a trial court’s decision not to compel arbitration. In Adams v. StaxxRing, Inc., No. 05-10-01142 (Tex. App.–Dallas July 7, 2011, no. pet. ) William B. Adams was appealing the decision in favor of Molly Langford and StaxxRing, Inc., a jewelry business equally owned by Adams and Langford. The first strike in any sort of litigation came when Langf
Texas Court of Appeals Denies Vacatur and Confirms Arbitration Award
By Victoria VanBuren - July 18, 2011
By Brett Goodman The Court of Appeals of Texas in Amarillo has affirmed a lower court’s decision to deny a motion to vacate an arbitration award. In Denver City Energy Associates, L.P. v. Golden Spread Elec. Co-op., Inc. 340 S.W.3d 538 (Tex. App.–Amarillo 2011, no pet.) Denver City Energy Associates (Denver City) appealed the decision to confirm an arbitrator’s award in favor of Golden Spread Electric Generating Cooperative, Inc. (GS Genera
GUEST-POST | Texas Court of Appeals Vacates $22 Million Dollar Arbitration Award Due to Failure to Disclose Social Contacts by Arbitrator
By Victoria VanBuren - July 6, 2011
By Glen M. Wilkerson The facts and holdings in Karlseng v. Cooke, Tex. App. – – Dallas, June 28, 2011 (Cause # 05-09-01002-CV) are instructive technically in ethics, in the law of “evident partiality” in arbitration law, and as an illustration how influence is peddled sub rosa through out judicial / legal system. What is alarming is that this case shows how the Rule of Law with a relatively non-partisan decision maker is ultimately fr
Second Circuit Remands Fensterstock v. Education Finance Partners
By Victoria VanBuren - July 5, 2011
On June 30, 2011, the U.S. Court of Appeals for the Second Circuit remanded Fensterstock v. Education Finance Partners for initial consideration of the arbitration issues. Fensterstock involves a class-action and class-arbitration waiver provision in a promissory note of a law student loan. Read more here. Following is the summary order: In Fensterstock v. Education Finance Partners, 611 F.3d 124 (2d Cir. 2010) (“Fensterstock II“), va
Jones v. Halliburton/KBR: Trial Begins, Not Arbitration
By Victoria VanBuren - June 25, 2011
As the Wall Street Journal reports, Jamie Leigh Jones' trial has began in Houston. Jones v Halliburton/KBR is an employment arbitration case with tragic facts that made the national headlines, including a story by the National Public Radio (NPR). Jones claims that in July 2005, four days after she arrived to work in Iraq, she was gang raped by seven co-workers.
Texas Supreme Court Rules on Interlocutory Appeal of an Arbitration Dispute
By Victoria VanBuren - June 23, 2011
The Texas Supreme Court held that Texas Civil Practice and Remedies Code Section 51.016 does not allow an interlocutory appeal of an order appointing an arbitrator. In CMH Homes,et al.v. Adam Perez, No. 10-0688 (Tex., May 27, 2011), Adam Perez purchased a manufactured home from CMH Homes , Inc. from salesman Bruce Robinson Moore, Jr. and Vanderbilt Mortgage and Finance financed the purchase. The contract between CMH Homes and Perez contained an a
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
By Victoria VanBuren - June 14, 2011
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a
Texas Court of Appeals Vacates Arbitration Award Based on Evident Partiality
By Victoria VanBuren - June 1, 2011
The Texas Fourteenth Court of Appeals affirmed the trial court’s denial of confirmation of an arbitral award. In AMOCO D.T. Co.v. Occidental Petroleum Corp., NO. 14-09-00651-CV, (Tex. App.–Houston [14th Dist.] May 17, 2011, Amoco D.T. Company (“Amoco”) and Shell Land & Energy Company (“Shell”) entered into a purchase-and-sale agreement with Occidental Petroleum Corporation (“Oxy”). Pursuant to the agreement, Oxy made a demand for
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