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All articles tagged '"FAA"'
182 articles found
Supreme Court News
By Beth Graham - October 7, 2010
The U.S. Supreme Court term is in full swing. Class-wide arbitration agreements have been a hot topic in the courts recently and the trend is continuing with the high court this fall. ADR news to note: Scheduled for November 9, 2010 Oral Argument AT&T Mobility LLC v. Concepcion, 09-893: A class-wide arbitration case from the 9th Circuit asking the Court to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning en
Fifth Circuit Rules Courts Lack Inherent Authority to Impose Sanctions for Arbitral Conduct
By Beth Graham - September 15, 2010
The Fifth Circuit has held that it lacks inherent authority to impose sanctions for conduct which occurred during arbitration. In Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 09-10355, (5th Cir., September 13, 2010), Positive Software Solutions sued New Century for allegedly infringing telemarketing software licensed to New Century. The case was subsequently ordered to arbitration under the terms of the parties’ contract.
GUEST-POST | Rent-a-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy
By Victoria VanBuren - June 23, 2010
By James M. Gaitis With the issuance of the United States Supreme Court’s decision in Rent-a-Center, West, Inc. v. Jackson, the foundational principle of party autonomy in arbitration has suffered yet another blow. In essence, and as was fairly and pejoratively described in what may well be Justice Stevens’ last opinion (dissenting, as it was), the majority’s “breezy” and “fantastic” decision in Rent-a-Center, West decrees that that even when a s
GUEST-POST | Possible Outcomes for Class Arbitration Waivers in Consumer Contracts
By Victoria VanBuren - June 2, 2010
[Ed. note: Following find interesting comments about AT&T v. Concepcion, a case pending before the U.S. Supreme Court. Read more about the case here. These comments were first posted at Paul Lurie’s excellent listserv and we are reprinting them with the author’s permission.] By James M. Gaitis Ultimately, we are faced with at least four different possible outcomes for consumer arbitration provisions containing class preclusion clauses.
GUEST-POST | Professor Stipanowich Comments on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 28, 2010
By Thomas J. Stipanowich The thrust of the majority opinion authored by Justice Alito was to shun the rationale of the plurality in the Court’s earlier decision in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003)), which characterized the question of whether class arbitration as a matter of “procedure” growing out of the dispute. Instead, the majority founded its decision on Supreme Court “precedents [under the FA
Texas Federal Court Holds that Arbitration Agreement Naming NAF as the Arbitrator is Unenforceable
By Victoria VanBuren - April 26, 2010
The United States District Court for the Southern District of Texas, Houston Division held that an arbitration agreement naming the National Arbitration Forum (NAF) as the arbitrator was unenforceable because NAF (now unavailable) was an integral part of the arbitration provision. In Ranzy v. Extra Cash of Texas, No. H-09-3334, 2010 U.S. Dist. LEXIS 22551 (S.D. Tex. March 11, 2010), the arbitration clause at issue stated, AGREEMENT TO ARBITRATE A
Texas Appellate Court Enforces Attorney-Client Arbitration Agreement
By Victoria VanBuren - March 11, 2010
The Fourteenth Court of Appeals of Texas held that a trial court abused its discretion in denying a motion to compel arbitration. I. Background In Pham v. Letney, no. 14-09-00387-CV (Tex.App.-Houston [14th Dist.] March 4, 2010) Shelly Letney hired the law firm of Smith & Garg, L.L.C. to pursue her personal injury claims she allegedly suffered in an automobile accident. Sarita Garg is a named partner in the firm and Steven Tuan Pham, an associ
Fifth Circuit Reinstates NASD Arbitration Award
By Victoria VanBuren - March 4, 2010
The United States Court of Appeals for the Fifth Circuit held that a NASD arbitration panel did not exceed its authority when awarded attorney’s fees directly to counsel. In Institutional Capital Management, Inc. v. Claus, No. 08-20710 (5th Cir. Feb. 11, 2010), Leonard Claus and Institutional Capital management (ICM) entered into an agreement to buy and sell bonds. After a dispute over some bonds that Claus originally purchased to sell to Sterlin
GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 7, 2010
by F. Peter Phillips This post continues Part I. As drafted, the Arbitration Fairness Act of 2009 (House Bill 1020) would amend Section 2(b) of the FAA to render invalid any pre-dispute arbitration agreement that purports to require arbitration of “an employment, consumer, or franchise dispute.” (“Franchise dispute?” How did that get in there? I would have thought that, subject to FTC regulation and state disclosure requirements, franchise is a p
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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