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All articles tagged '"district court"'
194 articles found
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
Houston COA Overturns Order Denying Arbitration in Construction Dispute
By Beth Graham - March 13, 2015
Texas’ 14th District Court of Appeals in Houston has reversed a district court’s order denying arbitration in a construction dispute.
Fifth Circuit Overturns Lower Court’s Order Partially Vacating Arbitral Award
By Beth Graham - February 20, 2015
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s order vacating a portion of an arbitral award. In BNSF Railway Co. v. Alstom Transportation, Inc., No. 13-11274 (5th Cir. Feb. 5, 2015), a railroad company, BNSF, hired another company, Alstom, to manage its locomotive maintenance program.
Houston COA Holds Subsequent Employment Contract Did Not Revoke Prior Arbitral Provision
By Beth Graham - February 2, 2015
Texas’ 14th District Court of Appeals in Houston has overturned a district court’s order denying arbitration in an employment dispute. In The Subsea Co. v. Payan, et al., No. 14–13–00849–CV (Tex. App – Houston [14th Dist.], September 18, 2014), an oil and gas specialty component manufacturer, The Subsea Company, hired a woman to serve as an account manufacturer.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction
By Beth Graham - December 10, 2014
In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant. The parties’ insurance contract contained an arbitration clause.
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.
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
By Beth Graham - October 23, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute.
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