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All articles tagged '"FAA"'
182 articles found
The Federal Arbitration Act and Displacement of Agency Regulation
By Beth Graham - July 30, 2013
Maureen Weston, Professor of Law at Pepperdine University School of Law, has published a timely article entitled, The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation, 6 Penn. St. Y.B. on Arb. & Mediation 59 (2013); Pepperdine University Legal Studies Research Paper No. 2013/15.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Houston’s First COA Upholds Arbitral Award Where Parties Signed Competing Agreements
By Beth Graham - July 24, 2013
Houston’s First District Court of Appeals has upheld an arbitrator’s award in a dispute that arose between an employer and a worker who was hurt on-the-job. In Forged Components, Inc. v. Guzman, No. 01–11–00563–CV, (Tex. App. Dist. 1 - June 25, 2013), Ricky Guzman was pinned by a forklift while working at Forged Components, Inc. (“FCI”).
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
By Beth Graham - July 3, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No. 04-13-00110-CV), several former nursing home residents alleged that a long-term care facility committed a number of acts of negligence against facility patients.
Amicus Brief Opportunity for ADR Scholars and Practitioners
By Beth Graham - June 27, 2013
Disputing would like to thank Professors Kristen M. Blankley, University of Nebraska College of Law, and Liz Tippett, University of Oregon School of Law, for the following guest post:
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
By Beth Graham - June 26, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.
Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs
By Beth Graham - June 21, 2013
Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.
Congress Considers Arbitration Fairness Act of 2013
By Beth Graham - May 10, 2013
Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
By Beth Graham - April 12, 2013
In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
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