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U.S. Supreme Court

U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26 Million Arbitral Award

By Beth Graham - May 28, 2015
The United States Supreme Court has declined to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas Supreme Court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.

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U.S. Supreme Court Denies Certiorari Petition in California Class Arbitration Case

By Beth Graham - February 11, 2015
The United States Supreme Court has refused to consider a California case holding the Federal Arbitration Act (“FAA”) does not apply to a worker’s labor code enforcement claim that was brought under California’s Private Attorneys General Act (“PAGA”). In CLS Transportation Los Angeles, LLC v. Iskanian, No. 14-341, a worker sought to file a class action lawsuit against his employer over a number of wage and hour claims.

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U.S. Supreme Court Asked to Review Texas Supreme Court Decision Overturning $26 Million Arbitral Award

By Beth Graham - January 30, 2015
The United States Supreme Court has been asked to review a Supreme Court of Texas decision overturning a $26 million arbitration award. In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality.

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U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction

By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.

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U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements

By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.

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U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration

By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.

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U.S. Supreme Court Refuses to Consider Class Arbitration Appeal

By Beth Graham - May 21, 2014
The Supreme Court of the United States has refused to consider whether an arbitrator, rather than a court, is properly tasked with deciding if an arbitral agreement permits class arbitration.

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‘Gap Filling’ by Arbitrators

By Beth Graham - May 12, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published 'Gap Filling' by Arbitrators, International Council for Commercial Arbitration, Congress Series, 2014, Forthcoming.

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October 2013 Supreme Court Term Begins

By Beth Graham - October 7, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138.

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The Not-So-Effective Vindication Decision

By Beth Graham - September 19, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published, The Practice: The Not-So-Effective Vindication Decision: The U.S. Supreme Court's Ruling in Italian Colors and Its Aftermath Are a Big Blow to Class Action Bar, National Law Journal, Vol. 36, No. 2, p. 30, September 2013; U of Texas Law, Public Law Research Paper No. 517.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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