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All articles tagged '"arbitration agreement"'
238 articles found
Corpus Christi Appeals Court Affirms Arbitration Award
By Beth Graham - November 30, 2010
The Corpus Christi Court of Appeals has affirmed an arbitration award stemming from an irrevocable family settlement agreement. In In re Cantu, No. 13-08-00708-CV, (Tex. App. — Corpus Christi, November 18, 2010), several disputes arose between the seven children of an elderly widow regarding her care and custody and the disposition of her estate. Following a court-ordered mediation, all seven of the widow’s children entered into an irrevoca
Guest Post Part II.A | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 29, 2010
Part II.A: Section 2 Express Preemption – Textual Analysis by Philip J. Loree Jr. I. Introduction Part I of this series (here) was published the day before the United States Supreme Court heard oral argument in AT&T Mobility, LLC v. Concepcion, No. 09-893 (blogged here, here, here and here). Now that the argument has taken place, and we have had a chance to review the transcript (here), and listen to the audio (here), it’s time to begin delvi
Dallas Court of Appeals Compels Arbitration in Attorney-Client Dispute
By Beth Graham - November 17, 2010
The Dallas Court of Appeals has overturned a district court’s refusal to compel arbitration in two related attorney-client dispute cases. In BDO Seidman, LLP v. J.A. Green Development Corp., 05-09-01520-CV (Tex. App. – Dallas, Nov. 9, 2010) and Sidley Austin Brown & Wood, LLP v. J.A. Green Development Corp., 05-10-0008-CV (Tex. App. – Dallas Nov. 9, 2010), real estate development company Green sought tax advice from BDO Seidman and Sidley Aus
Supreme Court to Hear AT&T Mobility LLC v. Concepcion Today
By Beth Graham - November 9, 2010
The U. S. Supreme Court will hear AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit, today. In the case, the Court is asked to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning enforcement of an arbitration agreement on the availability of particular procedures when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to
Guest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 8, 2010
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones that do not inspire much in the way of intensive, ideological debate. Generally the Court’s arbitration-related cases fall into this latter category, though last term saw the Court decide 5-3 and 5-4 along ideological lines two politically controvers
Dallas Appeals Court Holds Arbitration Agreement Not Altered
By Beth Graham - October 28, 2010
The Dallas Court of Appeals has held that a letter which sought clarification regarding whether the other party to a contract wished to proceed with arbitration as provided for in the contract or whether a claim should be filed before a state district court did not alter the arbitration agreement. In Minkoff v. Hicks, No. 05-10-00606-CV (Tex. App. — Dallas, Oct. 21, 2010), Peter Minkoff entered into a contract to build a residence for Jeffrey Hic
Texas Supreme Court Holds Arbitration Agreement Does Not Require Savings Clause
By Beth Graham - October 25, 2010
The Texas Supreme Court has held that an arbitration agreement signed as a condition of continued employment was not illusory and did not require a savings clause. In In re 24R, Inc., D/B/A The Boot Jack, No. 09-1025 (Tex. Oct. 22, 2010), Frances Cabrera was an at-will employee for 24R, Inc. d/b/a “The Boot Jack” for approximately 15 years. In 2003, 2004 and 2005 she signed an arbitration agreement as a condition of continued employment. In 2007,
Beaumont Court of Appeals Holds Arbitration Agreement Enforceable Despite “Biblical Scripture” Aspects
By Beth Graham - October 12, 2010
The Beaumont Court of Appeals has held that an arbitration agreement in an employment contract was valid and enforceable despite that the agreement included biblical scripture aspects and the parties failed to seek biblically based meditation prior to submitting their dispute to arbitration. In The Woodlands Christian Academy v. Weibust, 09-10-00010-CV, (Tex. App. – Beaumont, October 7, 2010), Monica Weibust brought claims against her former empl
Supreme Court News
By Beth Graham - October 7, 2010
The U.S. Supreme Court term is in full swing. Class-wide arbitration agreements have been a hot topic in the courts recently and the trend is continuing with the high court this fall. ADR news to note: Scheduled for November 9, 2010 Oral Argument AT&T Mobility LLC v. Concepcion, 09-893: A class-wide arbitration case from the 9th Circuit asking the Court to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning en
California Court Holds Class Action Waiver Unenforceable
By Beth Graham - October 6, 2010
The Eastern District Court of California has held a class action arbitration agreement waiver unenforceable and refused to compel arbitration against a former employee seeking class action status. In Mathias v. Rent-A-Center, Inc., No. S-10-1476 (E.D. Cal. Sept. 15, 2010), Ryan Mathias, a former Assistant Manager of a Rent-A-Center (RAC) located in California filed a class action lawsuit in California state court which alleged eight claims relate
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