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All articles tagged '"FAA"'
182 articles found
Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute
By Beth Graham - March 10, 2015
On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws
By Beth Graham - March 5, 2015
Ann M. Lipton, Visiting Assistant Professor of Law at Duke University School of Law has published "Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws," 104 Georgetown Law Journal __, Forthcoming.
Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion Wind Energy Dispute
By Beth Graham - February 9, 2015
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No. 3:14-CV-2815-K (February 5, 2015), AVIC and Thompson (“plaintiffs”) entered into a wind energy joint investment agreement with Tang and four others (“defendants”).
Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment
By Beth Graham - October 22, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award without rendering a final judgment. In Leslie v. Hill, No. 14-13-00600-CV (October 16, 2014), two individuals, the Hills, entered into a contract to purchase a majority interest a company from Robert Leslie in 2007. A provision in the agreement stated all disputes related to the purchase contract would be decided through binding
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers
By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
THE MCCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART V
By Renee Kolar - April 9, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2]
THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART IV
By Renee Kolar - April 8, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3]
THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III
By Renee Kolar - April 7, 2014
As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner:
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