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All articles tagged '"arbitration agreement"'
238 articles found
Fifth Circuit Rules on Jurisdiction for a Petition to Compel Arbitration
By Victoria VanBuren - January 30, 2012
The United States Court of Appeals for the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) Crescent Ford Truck Sales, Inc. (“Crescent”) operated a Volvo dealership pursuant to a Dealer Sale
U.S. Supreme Court Decides CompuCredit v. Greenwood
By Victoria VanBuren - January 11, 2012
Yesterday, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requires the arbitration agreement to be enforced according to its terms. The opinion is here. W
2011 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 3, 2012
In 2011, the following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties
Indiana Court of Appeals Denies Motion to Compel Arbitration Because Arbitration Firm is no Longer Available
By Victoria VanBuren - December 13, 2011
In Geneva-Roth Capital, Inc. v. Edwards, 956 N.E.2d 1195 (Ind. Ct. App. Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. In the present case, Akeala Edwards filed a class action suit on behalf of herself and a purported class of Indiana residents who obt
U.S. Arbitration and Mediation Update | Nov. 2011
By Victoria VanBuren - November 15, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
KPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny Arbitration When Some of the Claims Are Nonarbitrable
By Victoria VanBuren - November 14, 2011
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration in a lawsuit involving claims brought against the auditing firm KPMG LLP (“KPMG”) by investors owners of a limited pa
El Paso Court of Appeals Denies Motion to Compel Arbitration in Employment Case
By Victoria VanBuren - November 10, 2011
In Young Mens Christian Assoc. of Greater El Paso, Texas et al. v. Garcia, No. 08-11-00096-CV (Tex. App. – El Paso Oct. 26, 2011) Jose G. Garcia brought discrimination and retaliatory discharge action against Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, YMCA of Greater El Paso, YMCA of El Paso, and Fred & Maria Loya YMCA (collectively referred to as the “YMCA“), Garcia’s former empl
U.S. Arbitration and Mediation Update | Oct. 2011
By Victoria VanBuren - October 18, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
CompuCredit Corp. v. Greenwood | Supreme Court Hears Oral Arguments
By Victoria VanBuren - October 17, 2011
Last week, the U. S. Supreme Court heard arguments on CompuCredit Corp. v. Greenwood, 563 U.S. _ (2011). The question presented is whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement. Find the transcript of the arguments here. Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir. 2010) (opinion below) is here and Docket 10-948 is h
Eleventh Circuit Rules that the Plaintiff’s Act of Amending its Complaint May Allow a Defendant to Resurrect its Previously-Waived Right to Arbitrate
By Victoria VanBuren - September 29, 2011
In Krinsk v. Suntrust Banks, Inc., No. 10-11912 (11th Cir. Sept. 7, 2011) the defendant had participated in the case for nine months without enforcing its right to arbitrate the class action claims. In response to the court’s ruling on the motion to dismiss, the plaintiff amended the complaint and expanded the definition of the putative class from one that covered hundreds of members to one that potentially covered tens of thousands of members. I
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