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Court Decisions about Arbitration
American Health Lawyers Association Newsletter | U.S. Court in Kentucky Orders Arbitration of Contract Dispute Between Hospital and Physician
By Holly Hayes - August 25, 2010
The August 20th issue of Health Lawyers Weekly, a publication by the American Health Lawyers Association features the following interesting case: A federal court in Kentucky held recently that a physician and hospital must arbitrate their contract dispute and enjoined the physician from proceeding with his state court action against the hospital. Greenview Hospital, Inc. and Dr. Eric Wooten entered into a purported contract on October 8, 2010. Se
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - August 17, 2010
The United States Court of Appeals for the Fifth Circuit held that a defendant had waived its right to compel arbitration because its substantial invocation of the judicial process had prejudiced the plaintiff. In MC Asset Recovery, LLC v. Castex Energy, Inc., No. 09-10451 (5th Cir. Aug. 2, 2010) MC Asset Recovery, LLC (MCAR) sued Castex Energy, Inc. (Castex) alleging breach of a purchase and sale agreement. The district court denied Castex’
Article | Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
By Victoria VanBuren - August 16, 2010
We came across the article Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International, by Robert E. Crotty from Kelley Drye & Warren LLP. Here is an excerpt: The U.S. Supreme Court’s April 27 ruling in Stolt-Nielsen v. AnimalFeeds Int’l. (No. 08-1198), leaves numerous questions unanswered, says attorney Robert E. Crotty in this BNA Insight. The five-justice majority rule
Wisconsin Supreme Court Vacates Arbitration Award Reinstating Lawyer
By Victoria VanBuren - August 11, 2010
On July 21, 2010 the Supreme Court of Wisconsin decided Sands v. Menard, Inc., 2008AP1703. The employment discrimination case made national headlines because an arbitral panel awarded Sands, former general counsel for Menard, $1.6 million which included $900,000 in punitive damages. Furthermore, the panel ordered Sand’s reinstatement to her position with a salary of $175,000 per year plus a bonus (she previously earned $70,000 per year). Th
Fifth Circuit Rules that Unions and Employees May Contract to Exclude Certain Claims from Arbitration Under the RLA
By Victoria VanBuren - August 5, 2010
The United States Court of Appeals for the Fifth Circuit held that a grievance concerning a pilot’s discharge is not subjected to the Railroad Labor Act’s (RLA) mandatory arbitration mechanism because the collective bargaining agreement (CBA) between the airline and its pilot’s union explicitly excluded the claim. In CareFlite v. AFL-CIO, No. 08-10807 (5th Cir. Jul. 13, 2010) CareFlite is a medical transportation company that em
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
Commentary on In re Merrill Lynch & Co | Texas Supreme Court Case
By Victoria VanBuren - July 22, 2010
By William G. Whitehill In In re Merrill Lynch & Co., Inc. and Merrill, Lynch, Pierce, Fenner; Smith Incorporated, __ S.W.3d __ (June 25, 2010 slip op.), the Texas Supreme Court conditionally granted mandamus relief in favor of Merrill Lynch, staying litigation against it by a non-signatory company when that company’s sister company that was a signatory to an arbitration agreement was also asserting identical claims that were potentiall
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Unconscionability Decision
By Victoria VanBuren - July 12, 2010
On June 21, 2010, the U.S. Supreme Court decided Rent-A-Center, West v. Jackson. The question presented was: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (”FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision? We thought you would like to read some interesting
Texas Supreme Court Rules that Court Abused Its Discretion By Refusing to Stay Litigation
By Victoria VanBuren - July 7, 2010
The Texas Supreme Court held that a court abused its discretion when it refused to stay litigation that could moot arbitration of related claims in the same lawsuit. In re Merrill Lynch & Co., Inc. and Merrill Lynch, Pierce, Fenner & Smith Inc., No. 09-0161 (Tex. June 25, 2010) is similar to In re Merrill Lynch Trust Company FSB, 235 S.W.3d 185 (Tex. 2007). There, the court held that there are “many circumstances in which litigation must
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