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All articles tagged '"arbitrability"'
61 articles found
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.
N.D. Texas Dismisses FLSA Case in Favor of Arbitration
By Beth Graham - October 29, 2018
The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act ("FLSA") claim because it should have been submitted to arbitration.
U.S. Supreme Court Considering Three Arbitration Cases in October Term
By Beth Graham - October 13, 2018
Last week, the United States Supreme Court heard oral argument in a case involving the arbitrability of independent contractor agreements for transportation workers.
El Paso COA Affirms Trial Court’s Order Denying Arbitration
By Beth Graham - October 1, 2018
Texas’ Eighth District Court of Appeals in El Paso has affirmed a trial court’s order stating two companies did not agree to exclusively arbitrate their claims against one another under Delaware law.
Circuit Split Widens Over Securities Broker-Dealer Attempts to Avoid FINRA Arbitration
By Beth Graham - September 11, 2018
The United States Court of Appeals for the Third Circuit has deepened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause.
Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration
By Beth Graham - August 18, 2018
It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims
By Beth Graham - June 28, 2018
The Supreme Court of the United States has granted certiorari in another arbitration case.
Arbitration: Law, Policy, and Practice
By Beth Graham - June 24, 2018
Maureen A. Weston, Professor of Law at Pepperdine University School of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project, Kristen M. Blankley, Associate Professor of Law at the University of Nebraska College of Law, Jill I. Gross, Associate Dean for Academic Affairs and Professor of Law at Elisabeth Haub School of Law at Pace University, and Stephen Huber, Emeritus Professor of Law at the University of Houston Law C
Fifth Circuit Orders Independent Contractor to Individually Arbitrate FLSA Claims
By Beth Graham - May 17, 2018
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling an independent contractor to arbitrate his Fair Labor Standards Act (“FLSA”) claims against a restaurant food delivery service.
SCOTX Vacates Arbitration Award in Crop Insurance Dispute
By Beth Graham - May 14, 2018
The Supreme Court of Texas has ruled that a contract signatory was erroneously “required to arbitrate its non-contractual claims against non-signatories” in a crop insurance dispute.
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