Karl Bayer's Disputing Blog » Court Decisions about Arbitration

Halliburton/KBR Files Cert. in Jones v. Halliburton

By Victoria VanBuren - February 8, 2010

Via On Point News, we learned that Halliburton/KBR has recently filed a petition for certiorari with the U.S. Supreme Court on the case Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009). The issue is whether the arbitration provision in an employment contract includes the tort claim of sexual assault. The petition presents this question: Respondent Jamie Leigh Jones filed a complaint in federal district court against her employer, seeking redres

Fifth Circuit Compels Arbitration of Attorney’s Fees Dispute Between Law Firm and Former Client

By Victoria VanBuren - February 4, 2010

The United States Court of Appeals for the Fifth Circuit held that an arbitration clause is enforceable notwithstanding that the parties had terminated their services contract. In Hall-Williams v. Law Office of Paul C. Miniclier, PLC, No. 09-30113 (5th Cir. Jan. 13, 2010), Carolyn Hall-Williams (Hall-Williams) is a former client of the Law Office of Paul C. Miniclier (Miniclier). In September 2006, Hall Williams hired Miniclier to represent her i

2009 Arbitration Case Law: Fifth Circuit

By Victoria VanBuren - January 19, 2010

In 2009, the United States Court of Appeals for the Fifth Circuit decided the following arbitration-related cases: In Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, No. 07-20835 (5th Cir. Jan. 13, 2009) the court concluded that the district court had no statutory authority to reverse a reinstatement order issued by the System Board of Adjustment and that its order cannot be sustained on grounds of public policy. In Agere Systems Inc. v. Samsung

Supreme Court Agrees to Hear Arbitration Unconscionability Case

By Victoria VanBuren - January 18, 2010

The U.S. Supreme Court has granted certiorari to Jackson v. Rent-A-CenterWest, Inc. , No. 07-16164 (9th Cir. Sept. 9, 2009). The question presented is whether a district court is in all cases required 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 d

Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors

By Victoria VanBuren - January 4, 2010

by Alan Scott Rau Can this possibly be right? For one thing, I would have thought that ordering the payment of a deposit should be a matter for the court, not the arbitrator: It seems to be a question of whether and how to “order the parties to arbitration in accordance with their agreement” under section 4 of the FAA—-not a question of the “procedure” for the arbitration. What if the respondent is challenging the very existence of an arbitration

Fifth Circuit Rules that the Arbitrators -Not the Courts- Must Decide Who Pays the AAA Arbitration Fees

By Victoria VanBuren - December 28, 2009

The United States Court of Appeals for the Fifth Circuit held that the payment of a deposit for an arbitration was a procedural matter for the arbitrators to decide. In Dealer Computers Svc v. Old Colony Motors, No. 09-20049 (5th Cir. Nov. 19, 2009) Old Colony Motors, Inc. (Old Colony) contracted with Dealer Services, Inc. (Dealer Services) for the purchase and maintenance of computer hardware and software for Old Colony’s dealership. Old C

U.S. Supreme Court Rules on Railway Labor Act Pre-Arbitration Conference Requirement

By Victoria VanBuren - December 22, 2009

This month, the United States Supreme Court handed down Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009). Justice Ginsburg delivered the opinion for a unanimous Court. The Railway Labor Act (RLA) as amended, provides for arbitration of “minor disputes” of railroad employees before a panels at the National Railroad Adjustment Board (NRAB or Board). These panels are composed of two representatives of labo

2009 Developments in Arbitration: Binding Non-signatories

By Victoria VanBuren - December 21, 2009

Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t

U.S. Supreme Court Decides Railway Labor Act Arbitration Case

By Victoria VanBuren - December 10, 2009

As we were ready to wrap-up the year, the U.S. Supreme Court decides yet another arbitration case. In Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), the issue before the Court was whether pre-arbitration conference was a jurisdictional requirement. We will post a summary of the case after we read it and it will be added to our 2009 Year-End post as well.

2009 Arbitration Case Law: Texas Supreme Court

By Victoria VanBuren - December 9, 2009

Continuing with our 2009 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down by the Texas Supreme Court. The landmark case In re Poly-America, L.P. , 262 S.W.3d 337 (Tex. 2008) decided in 2008, involves a retaliatory-discharge claim. The court concluded that fee-splitting schemes in an arbitration agreement are unconscionable. (post available here) In February, the court decided three arbitration-