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Court Decisions about Arbitration
Stolt-Nielsen v. AnimalFeeds | Blawgosphere Roundup on Class Action Arbitration Case
By Victoria VanBuren - May 13, 2010
Following are links to noteworthy commentary about the recent U.S. Supreme Court decision on Stolt-Nielsen S.A. et al. v. AnimalFeeds Int’l Corp., No. 08-1198, April 27, 2010. The Court’s decision may be downloaded here. GUEST POST: Stolt-Nielsen Opens More Doors Than It Closes, S.I. Strong, Disputing (May 6, 2010) Goldman’s Take on AnimalFeeds, Alvin Goldman, ADR Prof Blog (May 3, 2010) US Supreme Court Rejects Non-Consensual Class Arbitra
GUEST-POST | Texas Supreme Court Compels Arbitration in Slip and Fall at Hospice
By Victoria VanBuren - May 10, 2010
By Glen M. Wilkerson Last Friday, the Texas Supreme Court handed down another arbitration case in In Re Odyssey Healthcare. P worked at hospice. She had employment agreement with non-subscriber (no worker’s compensation) that included an arbitration provision. She slipped at the home of a patient. P lived and accident occurred in El Paso. The Arbitration language provided: Panel of arbitrators would be from Dallas County. The Court compelle
GUEST-POST | Stolt-Nielsen Opens More Doors Than It Closes
By Victoria VanBuren - May 6, 2010
By S.I. Strong Although the decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. is being read by some as signaling the end of class arbitration –not just as we know it, but in virtually all possible forms– the opinion actually goes nowhere near that far. Instead, the 5-3 opinion can be largely limited to its facts, leaving significant questions unanswered. In some regards, the decision authored by Justice Alito is clear. In answerin
Texas Court of Appeals Holds that Incorporation of AAA Rules Evidenced Intent to Allow Arbitrator to Decide Gateway Questions
By Victoria VanBuren - May 5, 2010
We got this interesting case from Jeffrey A. Ford, from the Dallas firm of Ford Nassen & Baldwin P.C.: For those who care about Texas jurisprudence dealing with arbitrations, here you will find an opinion issued April 29, 2010, by the 5th District Court of Appeals in Texas. Of interest is the Court’s ruling that the incorporation of AAA Rules in the Contract satisfied the requirement that there be clear and unmistakable evidence of inte
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Uncoscionability Case
By Victoria VanBuren - May 4, 2010
[UPDATE:] The U.S. Supreme Court decided Rent-A-Center, West v. Jackson on June 21. Find our commentary here: Rent-A-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy Professor Alan Scott Rau Comments on Rent-A-Center, West Inc. v. Jackson As readers may already know, last week, the U.S. Supreme Court heard arguments on Rent-A-Center, West v. Jackson. The transcript is available here. Question Presented: Is the district cour
GUEST-POST | Professor Stipanowich Comments on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 28, 2010
By Thomas J. Stipanowich The thrust of the majority opinion authored by Justice Alito was to shun the rationale of the plurality in the Court’s earlier decision in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003)), which characterized the question of whether class arbitration as a matter of “procedure” growing out of the dispute. Instead, the majority founded its decision on Supreme Court “precedents [under the FA
U.S. Supreme Court Rules on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 27, 2010
[UPDATE: Read professor Thomas J. Stipanowich’s comments about the case here and professor S.I. Strong’s here.] Today, the U.S. Supreme Court handed down its decision on Stolt-Nielsen v. AnimalFeeds. The Court’s decision may be downloaded here. The Court held that “”Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S.
Transcript of Oral Arguments on Rent-A-Center West v. Jackson: Arbitration Unconscionability Case
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010 the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson. The transcript is here. Question Presented: 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 decisio
Commentary on Rent-A-Center v. Jackson and Arbitration Unconscionability
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010, the U.S. Supreme Court will hear an arbitration case. Chicago, has its own with overlapping issues. On February 15, 2010, I FILED 10cv1013 in the United States District Court for Northern, Illinois. See Falconer v. Gibsons Restaurant Group et. al. My opponent (Gibsons) has argued that the federal court lacks subject matter jurisdiction to decide if the arbitration clause is unconscionable (see its Pacer documents 12 & 1
Texas Federal Court Holds that Arbitration Agreement Naming NAF as the Arbitrator is Unenforceable
By Victoria VanBuren - April 26, 2010
The United States District Court for the Southern District of Texas, Houston Division held that an arbitration agreement naming the National Arbitration Forum (NAF) as the arbitrator was unenforceable because NAF (now unavailable) was an integral part of the arbitration provision. In Ranzy v. Extra Cash of Texas, No. H-09-3334, 2010 U.S. Dist. LEXIS 22551 (S.D. Tex. March 11, 2010), the arbitration clause at issue stated, AGREEMENT TO ARBITRATE A
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