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All articles tagged '"arbitration agreement"'

238 articles found

Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide

By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.

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SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention

By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.

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Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case

By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.

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Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration

By Beth Graham - July 9, 2019
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.

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Based on Delegation Provision in AAA Consumer Rules, Missouri Appellate Court Orders Putative Class-Action Privacy Case to Arbitration

By Beth Graham - June 10, 2019
A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration. 

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Fifth Circuit Holds International Arbitration Policy Preempts Contrary State Law

By Beth Graham - June 5, 2019
The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance policy also contained a conformity to statute provision designed to amend out any contract provisions that fail to comply with state law. 

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LA Court Overturns Arbitrator’s Punitive Damages Award Against Fox Entertainment

By Nate Legum - May 14, 2019
A Los Angeles Superior Court judge has overturned an arbitrator’s $128 million punitive damages award that was issued against Fox Entertainment over a profit participation scheme involving its long-running television series “Bones,” while leaving a $50 million non-punitive damages award in place.

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Illinois Appellate Court Holds BIPA Privacy Claims Are Not Arbitrable Under Terms of Parties’ Employment Contract

By Beth Graham - April 15, 2019
An Illinois appellate court panel has ruled an employee’s biometric privacy claims are not arbitrable under the terms of an employment agreement. 

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San Antonio COA Holds Arbitrator Must Decide Whether Contract is Void as a Matter of Law

By Beth Graham - April 4, 2019
Texas’s Fourth Court of Appeals in San Antonio has reversed a trial court’s order denying a financing company’s motion to compel arbitration.

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Another Proposed Class Action Data Breach Lawsuit Ordered to Individual Arbitration

By Beth Graham - March 5, 2019
In an unpublished opinion, a California federal district court issued an order compelling a putative class action data breach lawsuit that was filed against the parent company of a popular smartphone app to arbitration.

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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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