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All articles tagged '"FAA"'
182 articles found
How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act
By Beth Graham - March 11, 2013
Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration A
FINRA Hearing Panel States FAA Preempts Rules Permitting Class Action Claims
By Beth Graham - March 6, 2013
A Financial Industry Regulatory Authority (FINRA) panel has stated broker-dealer Charles Schwab may enforce a class action waiver included in its customer arbitration agreement despite the existence of a FINRA rule that prohibits such waivers. According to the panel, the FINRA rule is preempted by the Federal Arbitration Act (FAA). In Department of Enforcement v. Charles Schwab & Company, Inc., No. 2011029760201, FINRA’s Enforcement Departmen
Fifth Circuit Finds No Reversible Error in District Court’s Affirmation of an Arbitration Award
By Jeremy Clare - December 14, 2012
The United States Court of Appeals for the Fifth Circuit found no reversible error with District Court’s judgment that affirmed an arbitration award in a disability discrimination case. Background In Sabrina Kay Taylor v. University of Phoenix/Apollo Group, No. 11-20681 (5th Cir. Sept. 7, 2012), Sabrina Taylor (“Taylor”) began working for the University of Phoenix (“University”) in January of 2005. Taylor was injured at an employee Christmas part
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act
By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern
GUEST-POST | Professor Alan Scott Rau Comments on BP v ExxonMobil
By Victoria VanBuren - August 6, 2012
by Alan Scott Rau BP Exploration Libya Limited v. ExxonMobil Libya Limited, et al, No. 11-20547 (5th Cir. July 30, 2012) is a little case that illustrates perfectly the muddle that frequently arises when linked agreements bind multiple parties to resolve through arbitration disputes arising out of related transactions. It is at least clear here, unlike some cases, that there has to be “one arbitration”—this is in fact what the agreements se
Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit
By Victoria VanBuren - July 21, 2012
by Renée Kolar On July 20, the United States Anti-Doping Agency (USADA) filed its Motion to Dismiss Lance Armstrong’s Amended Complaint. (Read Motion to Dismiss here) In their motion, Defendants USADA and Travis Tygart, in his official capacity as the Chief Executive Officer of USADA, assert that the suit should be dismissed for lack of subject matter jurisdiction or, in the alternative, it should be dismissed or stayed under Section 3 of t
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
U.S. Arbitration and Mediation Update | Feb. 2012
By Victoria VanBuren - February 9, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
2011 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 3, 2012
In 2011, the following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties
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