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All articles tagged '"FAA"'
182 articles found
The Unwritten Federal Arbitration Act
By Beth Graham - November 3, 2016
Anthony J. Sebok, Professor of Law at Yeshiva University - Benjamin N. Cardozo School of Law, has published an interesting journal article entitled “The Unwritten Federal Arbitration Act,” DePaul Law Review, Vol. 65, 2016: Cardozo Legal Studies Research Paper No. 505.
Texas Federal Court Enjoins Mandatory Arbitration Restriction in Executive Order 13673 – Fair Pay and Safe Workplaces
By Beth Graham - November 1, 2016
Last week, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction regarding the mandatory arbitration restriction and other provisions of Executive Order 13673 – Fair Pay and Safe Workplaces (“EO 13673”).
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
By Beth Graham - October 5, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
Houston COA Denies Mandamus Request in Arbitration Dispute between Insurers
By Beth Graham - October 3, 2016
Texas’ First District Court of Appeals in Houston has denied a petition for a writ of mandamus related to arbitration proceedings between two insurance companies.
Second Circuit Upholds Employment-Related Class-Action Waiver Requiring Individual Arbitration
By Beth Graham - September 7, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”).
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
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.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - June 9, 2016
Kristen Blankley, Assistant Professor of Law at the University of Nebraska College of Law, has published a thought-provoking paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Vol. 23, No. 3, 2016.
The Arbitration Bootstrap
By Beth Graham - May 6, 2016
Christopher R. Leslie, Chancellor’s Professor of Law at the University of California, Irvine School of Law has published “The Arbitration Bootstrap,” Texas Law Review, Vol. 94, No. 2, 2015; UC Irvine School of Law Research Paper No. 2016-19. In his paper, Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down
By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.
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