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All articles tagged '"arbitration agreement"'

238 articles found

The Politics of Arbitration Law and Centrist Proposals for Reform

By Beth Graham - June 27, 2016
Stephen J. Ware, Professor of Law at the University of Kansas School of Law, has published “The Politics of Arbitration Law and Centrist Proposals for Reform,” Harvard Journal on Legislation, Vol. 53, No. 2, 2016.

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Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute

By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.

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Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable

By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.

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Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute

By Beth Graham - March 9, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals.

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NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers

By Beth Graham - March 7, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law.

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SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute

By Beth Graham - February 3, 2016
The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.

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Confidentiality in Consumer and Employment Arbitration

By Beth Graham - January 25, 2016
Christopher R. Drahozal, Associate Dean for Research & Faculty Development and John M. Rounds Professor of Law at the University of Kansas School of Law, has published “Confidentiality in Consumer and Employment Arbitration,” 7 Yearbook on Arbitration & Mediation, 2015.

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U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute

By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).

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Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute

By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.

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Corpus Christi COA Orders Employment Discrimination Case to Arbitration

By Beth Graham - October 23, 2015
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration. In Ophthalmic Consultants of Texas, P.A. v. Morales, No. 13-15-00278-CV (Tex. App – Corpus Christi, October 15, 2015), an ophthalmology business, Ophthalmic Consultants of Texas, P.A. (“OCT”), apparently hired a physician, Dr. Adolfo Morales, in 2009.

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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.

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