Karl Bayer's Disputing Blog

Houston COA Denies Petition for Mandamus Relief Over Arbitration Order

By Beth Graham - June 11, 2018

In a 2-1 decision, the Court of Appeals for the First District of Texas has refused to issue a writ of mandamus directing a lower court to vacate its order compelling arbitration.

SCOTUS Agrees to Consider Arbitrability of Independent Contractor Agreements

By Beth Graham - March 12, 2018

The United States Supreme Court has granted certiorari in a case involving the arbitrability of independent contractor agreements.

Dallas COA Upholds Confirmation of FINRA Arbitration Panel’s Award

By Beth Graham - January 15, 2018

Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s order confirming an arbitration award in a securities case.

The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence

By Beth Graham - October 26, 2017

Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) - School of Law, has published “The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41.

W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017

It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award.

5th Circuit Upholds Class Waiver Without an Arbitration Agreement

By Beth Graham - August 14, 2017

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”) ruling stating an employer may not require job applicants to sign a class-action waiver that is not included in an arbitration agreement because such a requirement violates the National Labor Relations Act (“NLRA”).

DOJ Flips on Class Waivers Issue

By Beth Graham - June 19, 2017

On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”).

Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement

By Beth Graham - June 7, 2017

The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing collective action litigation or arbitration for work-related claims.