The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.

Hamline University School of Law Professor Marie A. Failinger has authored Parallel Justice: Creating Causes of Action for Mandatory Mediation, University of Michigan Journal of Law Reform, Vol. 47, p. 359 (2014 Forthcoming).

The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration.

The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.