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All articles tagged '"FAA"'
182 articles found
THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART II
By Renee Kolar - April 4, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1] Incorporating both statutory law and common law, arbitration in the early 1900s was described by one individual as “robust and active,” with most states having adopted arbitration statutes by this period.
THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART I
By Renee Kolar - April 3, 2014
This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically.
The Future of Class Arbitration Part III
By Renee Kolar - April 2, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.
The Future of Class Arbitration Part I
By Renee Kolar - March 31, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T v. Concepcion and Stolt-Nielsen v. AnimalFeeds, commentary addressed the possibility that class arbitration was dead.
10th Circuit Holds FAA Preempts New Mexico Law in Nursing Home Dispute
By Beth Graham - March 9, 2014
The United States Court of Appeals for the 10th Circuit has held the Federal Arbitration Act (FAA) preempts a state law that states “a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring.”
Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA
By Beth Graham - December 4, 2013
The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.
The Federalization of Consumer Arbitration: Possible Solutions
By Beth Graham - November 19, 2013
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at the Ohio State University’s Moritz College of Law has authored The Federalization of Consumer Arbitration: Possible Solutions.
Corpus Christi COA Affirms Temporary Injunction Pending Arbitration
By Beth Graham - September 18, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute.
Northern District of Texas Compels Wrongful Death of Employee Case to Arbitration
By Beth Graham - September 17, 2013
The Northern District of Texas has compelled a lawsuit that was filed following a workplace-related death to arbitration.
Arbitration Lessons From State Courts
By Beth Graham - August 20, 2013
Liz Kramer at Arbitration Nation has compiled a thorough blog post that examines a number of arbitration decisions that were handed down by various state high courts in recent months.
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