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All articles tagged '"Court of Appeals"'
135 articles found
Based on Delegation Provision in AAA Consumer Rules, Missouri Appellate Court Orders Putative Class-Action Privacy Case to Arbitration
By Beth Graham - June 10, 2019
A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration.
Houston COA Denies Petition for Mandamus Relief Over Arbitration Order
By Beth Graham - June 11, 2018
In a 2-1 decision, the Court of Appeals for the First District of Texas has refused to issue a writ of mandamus directing a lower court to vacate its order compelling arbitration.
Fort Worth COA Rules Employer’s Online Arbitration Policy is Unenforceable Absent Explicit Notice to Workers
By Beth Graham - April 6, 2017
The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s arbitration policy despite that it was made available to her online because she was not explicitly informed about it.
Arizona Appellate Court Rules Mediation Communications Are Not Admissible in Legal Malpractice Case
By Beth Graham - April 13, 2016
An Arizona Court of Appeals has ruled that communications made during a mediation session are privileged and may not be used by either party in a legal malpractice case absent a statutory exception.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
Fifth Circuit Refuses to Compel Arbitration Based on Full Faith and Credit Clause
By Beth Graham - November 8, 2014
The United States Court of Appeals for the Fifth Circuit has refused to compel arbitration in a contract dispute over annuity payments. In Saucier v. Aviva Life and Annuity Co., No. 13-60854 (5th Cir., October 29, 2014), a man, Saucier, agreed to accept a structured settlement for certain personal injury claims in 1990. As part of the settlement, Saucier received periodic annuity payments from Aviva Life and Annuity Company.
Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment
By Beth Graham - October 22, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award without rendering a final judgment. In Leslie v. Hill, No. 14-13-00600-CV (October 16, 2014), two individuals, the Hills, entered into a contract to purchase a majority interest a company from Robert Leslie in 2007. A provision in the agreement stated all disputes related to the purchase contract would be decided through binding
Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable Agreement
By Beth Graham - October 21, 2014
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion to compel arbitration. In Mission Petroleum Carriers, Inc. v. Kelley, No. 14-14-00072-CV (October 9, 2014), a man, Kelley, was hospitalized over the injuries he sustained in a workplace tractor-trailer accident.
Fifth Circuit Reverses in Part N.D. of Texas’ Order Compelling Arbitration in Health Plan Sales Dispute
By Beth Graham - October 17, 2014
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation.
Amarillo COA Holds Arbitration is Required in Construction Fee Dispute
By Beth Graham - October 3, 2014
Texas’ Seventh District Court of Appeals in Amarillo has reversed a district court’s decision to deny arbitration in a construction fee dispute. In Journeyman Const. Inc. v. Scottco Mechanical Contractors, Inc., No. 07-13-00393-CV, (Tex. App. – Amarillo, Sept. 26, 2014), a general contractor, Journeyman, entered into a number of subcontracting agreements related to the restoration of the Potter County Courthouse.
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