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All articles tagged '"district court"'
194 articles found
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Unconscionability Decision
By Victoria VanBuren - July 12, 2010
On June 21, 2010, the U.S. Supreme Court decided Rent-A-Center, West v. Jackson. The question presented was: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (”FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision? We thought you would like to read some interesting
Fifth Circuit Refuses to Compel Nonsignatory to Arbitrate
By Victoria VanBuren - June 30, 2010
In Blaustein v. Huete, No. 09-31078 (5th Cir. June 18, 2010), Burt Huete (“Huete”) along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with an application for a provisional patent for a wireless tracking device they had invented. SPL hired the law firm Maier & Maier (“Maier”) to serve as patent counsel. Their written fee agreement contained an arbitration cla
Granite Rock v. Teamsters: U.S. Supreme Court Rules on Arbitrability
By Victoria VanBuren - June 28, 2010
Last week, the U.S. Supreme issued its decision on Granite Rock v. Teamsters, No. 08-1214 , June 24, 2010. Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts, Justices Scalia, Kennedy, Ginsburg, Breyer, and Alito. Justices Stevens and Sotomayor concurred in part and dissented in part. In Granite, the responder is a local union (Local) supported by its parent international (IBT). The petitioner is Granite Rock (Granite), em
Fifth Circuit Rules on Arbitration Nonsignatories Rights’ Under the New York Convention
By Victoria VanBuren - May 31, 2010
The United States Court of Appeals for the Fifth Circuit held that nonsignatories to arbitration agreements may be compelled to arbitrate under the New York Convention. In Todd v. Steamship Mutual Underwriting Association (Bermuda) Limited, No. 09-30177 (5th Cir. March 18, 2010) Anthony Todd was injured in Louisiana while working as a chef aboard the steamship American Queen, owned and operated by the Delta Queen Steamboat Company (“Delta Q
Transcript of Oral Arguments on Rent-A-Center West v. Jackson: Arbitration Unconscionability Case
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010 the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson. The transcript is here. Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decisio
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
Halliburton/KBR Files Cert. in Jones v. Halliburton
By Victoria VanBuren - February 8, 2010
Via On Point News, we learned that Halliburton/KBR has recently filed a petition for certiorari with the U.S. Supreme Court on the case Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009). The issue is whether the arbitration provision in an employment contract includes the tort claim of sexual assault. The petition presents this question: Respondent Jamie Leigh Jones filed a complaint in federal district court against her employer, seeking redres
Fifth Circuit Compels Arbitration of Attorney’s Fees Dispute Between Law Firm and Former Client
By Victoria VanBuren - February 4, 2010
The United States Court of Appeals for the Fifth Circuit held that an arbitration clause is enforceable notwithstanding that the parties had terminated their services contract. In Hall-Williams v. Law Office of Paul C. Miniclier, PLC, No. 09-30113 (5th Cir. Jan. 13, 2010), Carolyn Hall-Williams (Hall-Williams) is a former client of the Law Office of Paul C. Miniclier (Miniclier). In September 2006, Hall Williams hired Miniclier to represent her i
Supreme Court Agrees to Hear Arbitration Unconscionability Case
By Victoria VanBuren - January 18, 2010
The U.S. Supreme Court has granted certiorari to Jackson v. Rent-A-CenterWest, Inc. , No. 07-16164 (9th Cir. Sept. 9, 2009). The question presented is whether a district court is in all cases required to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for d
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
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