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All articles tagged '"FAA"'
182 articles found
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute
By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
U.S. Supreme Court Upholds Class-Arbitration Waiver in DirecTV Consumer Dispute
By Beth Graham - December 16, 2015
The United States Supreme Court has upheld an arbitration clause that bars satellite television consumers from engaging in collective action against the service provider.
Ninth Circuit Considers Class Action Waiver in Arbitration Agreement Signed by Ernst & Young Workers
By Beth Graham - December 7, 2015
In November, the Ninth Circuit Court of Appeals heard oral arguments in Morris v. Ernst & Young, No. 13-16599.
In Apparent Showdown, NLRB Continues to Hold Class Arbitration Waivers in Employment Contracts Invalid
By Beth Graham - December 3, 2015
The National Labor Relations Board (“NLRB”) has once again found that an employer’s mandatory class-action arbitration waiver violates the National Labor Relations Act (“NLRA”).
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - November 25, 2015
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration.
The Clash: Mandatory Arbitration and Administrative Agency and Representative Access
By Beth Graham - November 23, 2015
Maureen Weston, Professor of Law at Pepperdine University School of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project, has published “The Clash: Mandatory Arbitration and Administrative Agency and Representative Access,” Southern California Law Review, Vol. 89, 2015; Pepperdine University Legal Studies Research Paper No. 2015/12.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - April 7, 2015
Assistant Professor of Law Kristen Blankley, University of Nebraska College of Law, has published a thoughtful paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Forthcoming.
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.
Fort Worth COA Orders Employment Dispute to Arbitration
By Beth Graham - March 18, 2015
Texas’ Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying arbitration in an employment dispute. In Brand FX, LLC v. Rhine, No. 02-14-00249-CV (Tex. App. – Fort Worth, February 26, 2015), a publicly traded Delaware company that manufactures trucking industry parts hired a Texas man, Rhine, to serve as its Chief Financial Officer in November 2013.
San Antonio COA Upholds Arbitrator’s Award in Work Injury Case
By Beth Graham - March 16, 2015
Texas’ Fourth Court of Appeals in San Antonio has affirmed a trial court’s order confirming an arbitrator’s award in a work injury dispute. In Saiz v. Susser Holdings Corp. and Stripes LLC, No. 04-14-00487-CV (Tex. App. – San Antonio, March 11, 2015), a worker, Saiz, was injured in a 2010 workplace accident. At the time, her employer, Susser Holdings Corp. and Stripes LLC (‘the Companies”), did not carry workers’ compensation insurance under the
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