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All articles tagged '"arbitrability"'
61 articles found
Fifth Circuit Affirms Vacatur of Arbitration Award Where Intent to Arbitrate Was Not Clear and Unmistakable
By Beth Graham - June 3, 2014
The Fifth Circuit Court of Appeals has affirmed a lower court’s vacatur of an arbitral award in an employment dispute.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration
By Beth Graham - March 12, 2014
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.
Dallas COA Orders Custom Home Dispute to Arbitration
By Beth Graham - January 28, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained
Sixth Circuit Relies on Recent Supreme Court Decision to Deny Class Arbitration
By Beth Graham - November 12, 2013
The United States Court of Appeals for the Sixth Circuit has held that a Texas attorney may not engage in class arbitration against the parent company of the legal research system LexisNexis.
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen
Fifth Circuit Reverses the Vacatur of a FINRA Award Because the Award was not Procured by Fraud and the Arbitrators did not Exceed Their Powers
By Victoria VanBuren - November 15, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit reversed the vacatur of a FINRA Award because it disagreed with the district court’s finding that the award was procured by fraud, or in the alternative, that the arbitration panel exceeded its powers. Background In Morgan Keegan & Company, Inc., v. Garrett, et al, No. 11-20736 (5th Cir. Oct. 23, 2012), a group of eighteen investors (“Garrett”) brought a claim of statuto
U.S. Supreme Court Grants Cert to Class Arbitration Case
By Victoria VanBuren - November 14, 2012
Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Read our previous post about the case below here. Bloomberg’s coverage of the case is
Fifth Circuit Decides on Arbitrability of Claims
By Victoria VanBuren - September 10, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award. In Petrofac, Inc., v. DynMcDermott Petroleum Operations Company, No. 1-20141 (5th Cir. July 17, 2012), DynMcDermott Petroleum Operations Company (“DM”), which operates the Strategic Petroleum Reserve for the Department of Energy, contracted with Petrofac to design and install a transportable degas plant to
Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit
By Victoria VanBuren - July 21, 2012
by Renée Kolar On July 20, the United States Anti-Doping Agency (USADA) filed its Motion to Dismiss Lance Armstrong’s Amended Complaint. (Read Motion to Dismiss here) In their motion, Defendants USADA and Travis Tygart, in his official capacity as the Chief Executive Officer of USADA, assert that the suit should be dismissed for lack of subject matter jurisdiction or, in the alternative, it should be dismissed or stayed under Section 3 of t
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