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All articles tagged '"arbitration provision"'
95 articles found
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
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
By Beth Graham - February 27, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in th
Arbitration of Trust Disputes: When Two Bodies of Law Collide
By Beth Graham - February 11, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has published “Arbitration of Trust Disputes: Two Bodies of Law Collide,” 45 Vanderbilt Journal of Transnational Law 1157 (2012). Here is the abstract: Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of do
Texas Supreme Court Reverses Richmont Holdings Decision
By Beth Graham - January 30, 2013
On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
Article | Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices
By Victoria VanBuren - June 27, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices,” 28 Arbitration International __ (forthcoming 2012) on SSRN. The abstract is: Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of doll
Article | Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust
By Victoria VanBuren - May 9, 2012
In a new article, Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, forthcoming in REAL PROPERTY, TRUST AND ESTATE LAW JOURNAL, available now in SSRN, Professor S.I. Strong discusses the increasingly important topic of trust arbitration. Here is the abstract: With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in i
Article | Arbitration of Trust Disputes: Two Bodies of Law Collide
By Victoria VanBuren - April 25, 2012
We invite you to read professor S.I. Strong (pictured right) latest draft article, S.I. Strong, Arbitration of Trust Disputes: Two Bodies of Law Collide, 45 VANDERBILT JOURNAL OF TRANSNATIONAL LAW __ (forthcoming 2012). Here is the abstract: Once considered nothing more than “mere” estate planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars o
Fifth Circuit Finds Arbitration Clause Illusory
By Victoria VanBuren - February 20, 2012
The United States Court of Appeals for the Fifth Circuit held that an agreement was illusory because the defendant retained the unilateral right to modify or terminate the arbitration provision at any time. In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) John Carey (“Carey”) is a former sales representative for 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”). During Carey’s period of emplo
2011 Arbitration Case Law | U.S. Supreme Court
By Victoria VanBuren - December 20, 2011
Welcome to Disputing‘s 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme Court ruled that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Read James Gaitis guest-posts about the case here and here. On May 17, 2011,
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
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