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All articles tagged '"arbitration agreement"'
238 articles found
Improving Judicial Performance in Matters Involving International Arbitration
By Beth Graham - July 30, 2014
University of Missouri School of Law Associate Professor S.I. Strong has published a chapter entitled Improving Judicial Performance in Matters Involving International Arbitration in Selected Topics in International Arbitration: Liber Amicorum, Julio César Betancourt, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-19.
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit
By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
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.
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
By Beth Graham - April 21, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.
THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART II
By Renee Kolar - April 4, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1] Incorporating both statutory law and common law, arbitration in the early 1900s was described by one individual as “robust and active,” with most states having adopted arbitration statutes by this period.
10th Circuit Holds FAA Preempts New Mexico Law in Nursing Home Dispute
By Beth Graham - March 9, 2014
The United States Court of Appeals for the 10th Circuit has held the Federal Arbitration Act (FAA) preempts a state law that states “a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring.”
N. D. of Texas Refuses to Grant Nonsignatory Samsung’s Motion to Compel Arbitration in Mobile Phone Litigation
By Beth Graham - December 18, 2013
The Northern District of Texas has refused to grant mobile telephone maker Samsung’s motion to compel arbitration in a putative class-action lawsuit brought by a number of unsatisfied Sprint and Verizon wireless customers.
Texas Supreme Court Agrees to Consider Whether Arbitral Agreement in Cotton Dispute is Unconscionable
By Beth Graham - December 16, 2013
On November 22, the Supreme Court of Texas agreed to hear Venture Cotton Cooperative et al. v. Freeman et al., No. 13-0122.
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