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Court Decisions about Arbitration
Based on Delegation Provision in AAA Consumer Rules, Missouri Appellate Court Orders Putative Class-Action Privacy Case to Arbitration
By Beth Graham - June 10, 2019
A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration.
Fifth Circuit Holds International Arbitration Policy Preempts Contrary State Law
By Beth Graham - June 5, 2019
The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance policy also contained a conformity to statute provision designed to amend out any contract provisions that fail to comply with state law.
LA Court Overturns Arbitrator’s Punitive Damages Award Against Fox Entertainment
By Nate Legum - May 14, 2019
A Los Angeles Superior Court judge has overturned an arbitrator’s $128 million punitive damages award that was issued against Fox Entertainment over a profit participation scheme involving its long-running television series “Bones,” while leaving a $50 million non-punitive damages award in place.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement
By Beth Graham - April 25, 2019
Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
Fifth Circuit Orders Halliburton to Arbitrate Insurance Dispute Following Oil Rig Explosion
By Beth Graham - April 23, 2019
The United States Court of Appeals for the Fifth Circuit has ruled an insurance dispute related to an oil rig explosion should be sent to arbitration.
Employee Voice in Arbitration
By Beth Graham - April 19, 2019
Ann C. Hodges, Professor of Law Emerita at the University of Richmond School of Law, has published “Employee Voice in Arbitration,” Employee Rights and Employment Policy Journal, Vol. 22, No. 2, 2018.
San Antonio COA Holds Arbitrator Must Decide Whether Contract is Void as a Matter of Law
By Beth Graham - April 4, 2019
Texas’s Fourth Court of Appeals in San Antonio has reversed a trial court’s order denying a financing company’s motion to compel arbitration.
Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case
By Beth Graham - April 2, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings.
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”
Infinite Arbitration Clauses
By Beth Graham - March 22, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming).
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