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All articles tagged '"Court of Appeals"'
135 articles found
New Arbitration Petition Before the U.S. Supreme Court
By Victoria VanBuren - June 21, 2010
[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion. In Zurich American Insurance Company v. Pioneer
New York’s Court of Appeals Establishes Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Employment Arbitration Agreement
By Victoria VanBuren - June 10, 2010
The Court of Appeals of New York [the highest court in the State of New York] held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating her statutory rights. In Brady v. Williams Capital Group, L.P., 2010 N.Y. LEXIS 49 (N.Y., Mar. 25, 2010) Lorraine Brady was employ
Texas Court of Appeals Holds that Incorporation of AAA Rules Evidenced Intent to Allow Arbitrator to Decide Gateway Questions
By Victoria VanBuren - May 5, 2010
We got this interesting case from Jeffrey A. Ford, from the Dallas firm of Ford Nassen & Baldwin P.C.: For those who care about Texas jurisprudence dealing with arbitrations, here you will find an opinion issued April 29, 2010, by the 5th District Court of Appeals in Texas. Of interest is the Court’s ruling that the incorporation of AAA Rules in the Contract satisfied the requirement that there be clear and unmistakable evidence of inte
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
U.S. Supreme Court Rules on Railway Labor Act Pre-Arbitration Conference Requirement
By Victoria VanBuren - December 22, 2009
This month, the United States Supreme Court handed down Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009). Justice Ginsburg delivered the opinion for a unanimous Court. The Railway Labor Act (RLA) as amended, provides for arbitration of “minor disputes” of railroad employees before a panels at the National Railroad Adjustment Board (NRAB or Board). These panels are composed of two representatives of labo
Texas Governor Appoints Justice Eva Guzman to Serve on the Texas Supreme Court
By Victoria VanBuren - October 8, 2009
Texas Governor Rick Perry appointed today Justice Eva Guzman of the 14th Court of Appeals to serve on the Supreme Court of Texas. Justice Guzman will replace Justice Scott Brister, who left the court in September. As Don Cruse at the Supreme Court of Texas Blog points out, an appointed Justice does not have to be confirmed by the Texas Senate until the next session, so Justice Guzman can run for a six-year term in 2010. Read more at the Houston C
Alternative Resolutions Article: Third Party Claims Regarding Arbitration
By Victoria VanBuren - August 19, 2009
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te
Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery
By Victoria VanBuren - July 21, 2009
The Supreme Court of Texas held that a court abused its discretion by permitting discovery instead of deciding a motion to compel arbitration. In re Houston Pipe Line Co., __S.W.3d __ (Texas 2009) (No. 08-0800) involves a gas purchase agreement between Houston Pipe Line Company, L.P. and O’Connor & Hewitt, Ltd. The agreement was based on the Houston Ship Channel Price Index (the “Index”) and contained the following arbitrati
Court Affirms Arbitration Panel’s Order to Reinstate In-House Attorney in Employment Discrimination Case
By Victoria VanBuren - April 17, 2009
This week, a Court of Appeals for the State of Wisconsin decided Sands v. Menard, Inc., No. 2008AP1703, 2009 WI App 70. Sands is a former general counsel for Menard, Inc. Her employment was terminated following a dispute over compensation. Pursuant to a mandatory arbitration agreement, Sands submitted her claims to an arbitration panel. The panel found that Menard violated the Equal Pay Act by paying Sands less than a male employee and also found
Texas Court of Appeals Declined to Confirm Arbitral Award
By Victoria VanBuren - March 18, 2009
In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition served to Holt was not verified and Holt did not answer the lawsuit
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