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All articles tagged '"arbitration agreement"'
238 articles found
Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs
By Beth Graham - June 21, 2013
Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.
U.S. Supreme Court Decides American Express v. Italian Colors
By Beth Graham - June 20, 2013
Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
By Beth Graham - May 14, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with American Arbitration Association (“AAA”) rules. The court granted CPC’s motion and compelled the dispute to arbitration but required the parties to engage in arbitration with only one court-appointed arbitrator instead of before a panel of three arbitrators.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
By Beth Graham - May 9, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
By Beth Graham - April 29, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. After a number of appeals, the Illinois Supreme Court held that Carter’s lawsuit could proceed despite that she signed the agreement to arbitrate.
Dallas Appeals Court Compels Arbitration in Interlocutory Appeal
By Beth Graham - April 18, 2013
The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.--Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan
FINRA Hearing Panel States FAA Preempts Rules Permitting Class Action Claims
By Beth Graham - March 6, 2013
A Financial Industry Regulatory Authority (FINRA) panel has stated broker-dealer Charles Schwab may enforce a class action waiver included in its customer arbitration agreement despite the existence of a FINRA rule that prohibits such waivers. According to the panel, the FINRA rule is preempted by the Federal Arbitration Act (FAA). In Department of Enforcement v. Charles Schwab & Company, Inc., No. 2011029760201, FINRA’s Enforcement Departmen
Oral Argument Transcripts Now Available for Amex v. Italian Colors Restaurant
By Beth Graham - March 5, 2013
Last week, the United States Supreme Court heard oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the Second Circuit addresses whether an arbitration clause that prohibits class action lawsuits is enforceable under the Federal Arbitration Act despite that it would compel arbitration of federal antitrust claims. It is the third time in three years the Supreme Court has considered the scope
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