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All articles tagged '"district court"'

194 articles found

Ninth Circuit Holds Client May Sue Former Law Firm After Mandatory Arbitration Was Terminated for Non-Payment

By Beth Graham - July 11, 2016
The United States Court of Appeals for the Ninth Circuit has issued a decision stating a law firm’s client may pursue a legal malpractice case against her former attorneys despite that she was unable to pay her share of mandatory arbitration expenses.

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Fifth Circuit Affirms $1.45 Million Arbitration Award in Legal Fees Dispute

By Beth Graham - June 30, 2016
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.

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Fifth Circuit Lacks Jurisdiction Over Order Compelling Arbitration in Movant’s Non-Preferred Forum

By Beth Graham - June 1, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that it lacks jurisdiction to consider an appeal from a lower court’s interlocutory order compelling arbitration in a different forum than the movant requested.

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Second Circuit Reinstates Brady’s Four-Game “Deflategate” Suspension

By Beth Graham - April 25, 2016
The Second Circuit Court of Appeals has reversed a New York district judge’s order vacating an arbitrator’s decision. In National Football League Management Council et al. v. National Football League Players Association et al., No. 15-2801 (L), No. 15-2805 (CON), New England Patriots quarterback Tom Brady was suspended for four games after he was accused of participating in a scheme to cheat in a 2015 playoff game by deflating footballs to a lev

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Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award

By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.

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Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute

By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.

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9th Circuit botches another arbitration case

By Beth Graham - March 24, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.”

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Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable

By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.

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Corpus Christi COA Orders Employment Discrimination Case to Arbitration

By Beth Graham - October 23, 2015
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration. In Ophthalmic Consultants of Texas, P.A. v. Morales, No. 13-15-00278-CV (Tex. App – Corpus Christi, October 15, 2015), an ophthalmology business, Ophthalmic Consultants of Texas, P.A. (“OCT”), apparently hired a physician, Dr. Adolfo Morales, in 2009.

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Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute

By Beth Graham - April 10, 2015
The United States Court of Appeals for the Fifth Circuit has held that an arbitrator exceeded his authority in a contract dispute.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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