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All articles tagged '"district court"'
194 articles found
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Texas Supreme Court Holds Law Firm Did Not Waive Arbitration in Fee Dispute
By Beth Graham - May 21, 2014
The Supreme Court of Texas has held that a law firm did not waive its right to arbitrate a fee dispute with a former client after the firm sued one of its former associates who continued to represent the client after the associate left the firm.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration
By Beth Graham - March 12, 2014
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.
10th Circuit Holds FAA Preempts New Mexico Law in Nursing Home Dispute
By Beth Graham - March 9, 2014
The United States Court of Appeals for the 10th Circuit has held the Federal Arbitration Act (FAA) preempts a state law that states “a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring.”
Sixth Circuit Relies on Recent Supreme Court Decision to Deny Class Arbitration
By Beth Graham - November 12, 2013
The United States Court of Appeals for the Sixth Circuit has held that a Texas attorney may not engage in class arbitration against the parent company of the legal research system LexisNexis.
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.
Fifth Circuit Holds Procedural Questions for ICDR to Decide
By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").
The Not-So-Effective Vindication Decision
By Beth Graham - September 19, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published, The Practice: The Not-So-Effective Vindication Decision: The U.S. Supreme Court's Ruling in Italian Colors and Its Aftermath Are a Big Blow to Class Action Bar, National Law Journal, Vol. 36, No. 2, p. 30, September 2013; U of Texas Law, Public Law Research Paper No. 517.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
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