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All articles tagged '"arbitration award"'
116 articles found
Law Review Article | Alternative Dispute Resolution
By Beth Graham - October 5, 2010
Will Pryor has once again written an annual survey of alternative dispute resolution (ADR) law in Texas for the SMU Law Review. This is the third year ADR was included in Law Review’s Annual Survey of Texas Law issue and also the third time Pryor has provided his expertise and insight. In “Alternative Dispute Resolution,” 63 SMU Law Review 275 (2010), Pryors’s article largely concerns developments in Texas arbitration law. He notes the shake-up c
Fifth Circuit Rules Courts Lack Inherent Authority to Impose Sanctions for Arbitral Conduct
By Beth Graham - September 15, 2010
The Fifth Circuit has held that it lacks inherent authority to impose sanctions for conduct which occurred during arbitration. In Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 09-10355, (5th Cir., September 13, 2010), Positive Software Solutions sued New Century for allegedly infringing telemarketing software licensed to New Century. The case was subsequently ordered to arbitration under the terms of the parties’ contract.
Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”
By Beth Graham - September 8, 2010
Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup
Texas Supreme Court Clarifies Appeals Under the Texas Arbitration Act
By Victoria VanBuren - March 26, 2010
The Texas Supreme Court held that the Texas General Arbitration Act (TAA) allows an appeal from a trial court’s order that denies confirmation of an arbitration award and instead, vacates the award and directs that the dispute be arbitrated anew. Justice Hecht delivered the opinion of the court, in which Justice O’Neill, Justice Wainwright, Justice Johnson, Justice Willett, and Justice Guzman joined. Justice Willett filed a concurring opinion. Ch
ABC News: A Woman Who Claims Sexual Assault Wins $3 Million Arbitration Award From KBR – Former Halliburton Division
By Victoria VanBuren - November 26, 2009
ABC News reported that Tracy Barker, former employee of Halliburton/ KBR has won a $2.93 million arbitration award. Ms. Barker claims that she was sexually assaulted by a U.S. State Department employee in Iraq in 2005. Read more about this case here, here, and here. Technorati Tags: arbitration, ADR, law,
Fifth Circuit Confirms Credit Card Dispute Award by the National Arbitration Forum
By Victoria VanBuren - October 20, 2009
In Theriault v. FIA Card Services, N.A., No. 09-30233 (5th Cir. Oct. 8, 2009), Victor Theriault became delinquent on his credit card account with FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.) (FIA) around December 2006. FIA filed for arbitration at the National Arbitration Forum (NAF). On April 2007 NAF issued an arbitration award in favor of FIA. Theriault challenged the award on the grounds that FIA had violated the Truth
Client Sues Texas Attorney Over Failed Arbitration
By Victoria VanBuren - July 24, 2009
Our reader Pat Winslow sent us a rather unusual case filed last year in Tarrant County, Texas. In Scott W. Mooring v. Strasburger (No. 231985) (Aug. 18, 2008) Scott W. Moorig sued Charles M. Hosch and his employer, the law firm Strasburger & Price, LLP, for breach of contract and fraud. Mooring claims that he hired Hosch to conduct an arbitration between himself and two former business associates. The complaint alleges that Hosch took the mon
Fifth Circuit Confirms International Commercial Arbitration Award
By Victoria VanBuren - June 22, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the arbitral award. Retired United States Supreme Court Justice Sandra Day O’Connor sat by designation with Circuit Judges Wiener and Stewart. In Saipem America v. Wellington Underwriting Agencies Limited, No. 08-20247 (5th. Cir.
Arbitration Myths: Commentary by Federal Judge
By Victoria VanBuren - June 11, 2009
In response to our post about an article titled “Arbitration Myths” published by the National Arbitration Forum, U.S. District Judge W. Royal Furgeson, Jr. sent us the following [unedited] commentary via e-mail: Dear Friends: To say that arbitration awards are “approved” by a court before becoming enforceable gives the impression that a court will actually examine the merits of the arbitrator’s award. Under the Feder
The $4.1 Billion Employment Arbitration Award
By Victoria VanBuren - June 7, 2009
[update: the judgment confirming the award in Chester v. iFreedom is here; from Settle It Now] In case you have not heard, a California court has confirmed recently a $4.1 billion award for an employment-related dispute. Following is an AP article from Yahoo Technology News discussing the case. We welcome your commentary! LA judge OKs $4.1 billion award in pay dispute Posted on – Fri Jun 5, 2009 LOS ANGELES – A judge approved a $4.1 b
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