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All articles tagged '"district court"'
194 articles found
Number of Civil Jury Trials Conducted in Texas Reaches a 40-Year Low
By Beth Graham - July 5, 2013
According to a recent report, the number of civil jury trials held each year across the State of Texas has declined to a 40-year low. Instead, many civil cases are now being decided using alternative dispute resolution methods such as pretrial mediation and arbitration.
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
By Beth Graham - June 26, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.
Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program
By Karl Bayer - June 10, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.
In Quest of the Arbitration Trifecta, or Closed Door Litigation?
By Beth Graham - June 3, 2013
Pepperdine University School of Law Professor Thomas J. Stipanowich has published In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program, Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.
Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration
By Beth Graham - May 20, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration.
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
By Beth Graham - May 7, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.
Fifth Circuit Reinstates Arbitral Award in Video Game Dispute
By Beth Graham - April 16, 2013
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
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