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All articles tagged '"arbitration provision"'
95 articles found
U.S. Supreme Court Remands Class Arbitration Waiver Case
By Victoria VanBuren - November 23, 2011
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR
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
California Court of Appeals Rules that Lack of Consent Voids Arbitration in Toyota Online Prank
By Victoria VanBuren - November 2, 2011
Via the ABA Journal, we learned of a bizarre case involving an internet advertising campaign by Toyota Motor Sales USA, Inc. (“Toyota”) and Saatchi & Saatchi North America, Inc. (“Saatchi”) See Duick v Toyota Motor Sales, U.S.A., Inc. Case No. B224839 (CA Dist. 2 Ct. App., Aug. 31, 2011) Here is some background: The campaign, which was targeted at young men, encouraged them to provide Toyota with the name of a friend o
Ninth Circuit Rules that Pre-Dispute Mandatory Arbitration Clause Is Invalid Under the Magnuson-Moss Warranty Act
By Victoria VanBuren - October 13, 2011
In Kolev v. Euromotors West/The Auto Gallery, 2011 U.S. App. LEXIS 19254 (9th Cir. Cal. Sept. 20, 2011) a pre-owned car Diana Kolev (“Kolev”) purchased developed serious mechanical problems during the warranty period and the dealership refused to honor her warranty claims. Kolev sued for breach of warranties under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. Section 2301 et seq., breach of contract, and unconscionabi
GUEST-POST PART II | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis [See Part I here. ] Because the only valid grounds for vacatur now recognized by the Supreme Court are those grounds found in Section 10 of the FAA, the above statements by the Supreme Court in AT&T Mobility show that the Court in effect was stating that an arbitral failure to at least attempt to apply the Federal Rules of Civil Procedure in the Court’s hypothetical example would constitute either “misbehavior&#
S.D. Texas Declines to Enjoin Pending Foreign Arbitration Proceeding
By Beth Graham - March 23, 2011
The Southern District of Texas has denied an ex parte emergency application for a temporary restraining order which sought to enjoin a pending foreign arbitration proceeding because the party seeking the order failed to meet its burden under Rule 65 of the Federal Rules of Civil Procedure. In S&T Oil Equipment and Machinery, LTD v. Juridica Investments Ltd., No. H-11-0542 (S.D. Tex., March 10, 2011), S&T Oil entered into an investment con
Beaumont Appeals Court Holds Third Party Claims Subject to Arbitration
By Beth Graham - January 17, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that a trial court properly compelled a party to arbitrate its claims against non-signatory third parties and properly entered judgment disposing of all claims where no evidence was offered against the third parties during arbitration. In Sabine Syngas, Ltd. v. Port of Port Arthur Navigation Dist., No. 09-09-00331-CV, (Tex. App. – Beaumont, January 13, 2011), the Port of Port Arthur N
2010 Arbitration Case Law: Texas Supreme Court
By Beth Graham - January 3, 2011
Continuing our 2010 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down last year by the Texas Supreme Court. In East Texas Salt Water Disposal Co. v. Richard Leon Werline, No. 07-0135, (Tex. Mar. 12, 2010), the Texas Supreme Court held that the Texas General Arbitration Act allowed an appeal from a trial court’s order which denied confirmation of an arbitration award, vacated the award and direct
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
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
By Beth Graham - November 4, 2010
The Dallas Court of Appeals has held the mandatory notice requirements set forth in Section 74.451 of the Texas Civil Practice and Remedies Code rendered an arbitration provision unenforceable where the McCarran-Ferguson Act (MFA), 15 U.S.C. § 1012(b), preempted the Federal Arbitration Act (FAA). In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (F
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