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All articles tagged '"Federal Arbitration Act"'
84 articles found
Opening the Floodgates of Small Customer Claims in FINRA Arbitration
By Beth Graham - February 10, 2015
Teresa Jacqueline Verges, Lecturer in Law and Director of the Investor Rights Clinic at the University of Miami School of Law has published, “Opening the Floodgates of Small Customer Claims in FINRA Arbitration: FINRA v. Charles Schwab & Co., Inc.,” 15 Cardozo J. Conflict Resol. 623, 2014. In her article, Professor Verges examines the effect that recent U.S. Supreme Court decisions regarding the Federal Arbitration Act have had on the Financial I
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”).
Houston Court Holds it Lacks Jurisdiction to Consider Interlocutory Appeal After Trial Court Compels Arbitration
By Beth Graham - September 8, 2014
Houston’s First District Court of Appeals has dismissed an interlocutory appeal over a trial court’s order compelling arbitration “for want of jurisdiction.”
Congratulations to Arbitration Nation!
By Beth Graham - August 15, 2014
Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. For the past three years, Ms. Kramer has provided readers with thoughtful insight into judicial interpretations of the Federal Arbitration Act.
Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case
By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Four of the Latest Developments in ADR
By Renee Kolar - April 29, 2014
We recently published a series of blog posts discussing some of the latest developments in ADR written by Mr. Bayer's U.S. Commercial Arbitration class at the University of Texas School of Law. Check them out!
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 Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t
Operation Arbitration: Privatizing Medical Malpractice Claims
By Beth Graham - May 15, 2013
Myriam E Gilles, Professor of Law at the Benjamin N Cardozo School of Law has authored an interesting article entitled "Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law." In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future.
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