Karl Bayer's Disputing Blog

Fifth Circuit Holds Conduct of Parties Expanded Arbitrator’s Authority in Contract Dispute

By Beth Graham - May 11, 2015

The United States Court of Appeals for the Fifth Circuit has ruled that an arbitrator did not exceed his authority when he analyzed whether a contract was formed because the parties substantially participated in arbitral proceedings without contesting the issue.

The Future of Class Arbitration Part II

By Renee Kolar - April 1, 2014

In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.

Healthcare Dispute Resolution Conference

By Victoria VanBuren - October 12, 2012

by Holly Hayes The American Arbitration Association will hold the 2012 Healthcare Dispute Resolution, Innovation and Strategy Conference on November 9, 2012, in San Francisco. The agenda includes the following sessions on incorporating ADR into the changing healthcare arena: Representatives from the major health plans will discuss the significant issues and business-to-business disputes facing their respective organizations. In-house counsel for

Armstrong v. Tygart | Texas Federal Court Will Hear Lance Armstrong Case on August 10

By Victoria VanBuren - July 18, 2012

Today, we continue to cover the Lance Armstrong lawsuit against the U.S. Anti-Doping Agency (USADA). Armstrong v. Tygart et al, No. A-12-CA-606-SS. The U.S. District Court for the Western District of Texas, Austin Division, has set a hearing for August 10, 2012 to decide whether the Court should enjoin Defendants from enforcing an arbitration deadline against Armstrong while the lawsuit progresses. Read the Order here. Stay tuned! Related Posts:

ABA Teleconference | The Past Year in Arbitration, June 12, 2012

By Victoria VanBuren - June 11, 2012

ABA Dispute Resolution Section will host the teleconference “The Past Year in Arbitration” on June 12 at 12:00-1:30 pm ET. Here are the details: This program will focus on the most important arbitration issues of the last year. Panelists will discuss the United States Supreme Court rulings on arbitration issues, as well as notable federal and state court decisions. Join us for an in depth conversation on the hottest issues in the fiel

NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law

By Victoria VanBuren - January 10, 2012

As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu

ABA Section of Dispute Resolution Spring Conference | San Francisco, April 8-10

By Victoria VanBuren - March 17, 2010

Mark your calendars! the ABA Section of the Dispute Resolution’s 12th Annual Spring Conference is just around the corner: Section of Dispute Resolution Spring Conference April 8 – 10, 2010 Hyatt Regency Embarcadero San Francisco, CA To view the conference website, click here. To download the conference brochure and registration form, click here. Karl will be attending the conference and will be happy to meet you! please let us know if

U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”

By Victoria VanBuren - September 16, 2009

As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration