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All articles tagged '"Federal Arbitration Act"'
84 articles found
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision
By Victoria VanBuren - May 5, 2011
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of class-wide arbitration procedures. We thought you would like to read some interesting commentary about the opinion: AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in ar
U.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
By Beth Graham - April 27, 2011
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Check back for more information on the case soon. Disputing‘s previous blog posted after the Court heard oral argument in the case is available here. Technorati Tags: law, ADR, arbitration
Law Review Article | Regulating Mandatory Arbitration
By Beth Graham - April 15, 2011
A new paper entitled Regulating Mandatory Arbitration, is available from Thomas Burch, Assistant Visiting Professor in Law at the Florida State University College of Law. (Utah Law Review, 2011; FSU College of Law, Public Law Research Paper No. 493.) In his paper, Professor Burch examines mandatory arbitration jurisprudence and reform efforts over the past twenty-five years. Here is the abstract: Over the last twenty-five years, the Supreme Court
U.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
By Beth Graham - February 25, 2011
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented in the case is: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevo
Guest Post Part II | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 24, 2011
by Philip J. Loree Jr. I. Introduction Part I (here) briefly discussed Chief Judge Frank H. Easterbrook’s decision in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.), No. 09-3682, 2011 WL 285156 (7th Cir. Jan. 31, 2011), and its implications on the pending Second and Fifth Circuit appeals in Scandinavian Reinsurance Co. v. Saint Paul Fire & Marine Ins. Co, No. 09 Civ. 9531(SAS), 2010 WL 653481 (S.D.N.Y. Feb. 23, 2010), and Dealer Compute
Guest Post Part I | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 23, 2011
by Philip J. Loree Jr. Chief Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit is not only a brilliant judge, writer and law professor, but a master of (among many other things) arbitration law. He understands better than most judges how commercial arbitration is supposed to work, what the Federal Arbitration Act is supposed to achieve, and how to implement the Act to ensure the parties get not only what the
Texas Supreme Court Hears Interlocutory Appeal of an Arbitral Order
By Beth Graham - February 7, 2011
Last Thursday, the Texas Supreme Court heard oral argument in CMH Homes, Inc. et al. v. Perez, No. 10-0688. At issue in this case of first impression is an interlocutory appeal from an arbitration order filed pursuant to Section 51.016 of the Texas Civil Practice and Remedies Code. Section 51.016 is a recent addition to Code and became effective on September 1, 2009. Section 51.016 states: Sec. 51.016. APPEAL ARISING UNDER FEDERAL ARBITRATION ACT
Texas Supreme Court to Hear Interlocutory Appeal of an Arbitral Order
By Beth Graham - January 19, 2011
On January 11th, the Supreme Court of Texas agreed to hear CMH Homes, Inc. et al. v. Perez, No. 10-0688. In the case, a dispute between a creditor and a purchaser of a mobile home arose. After both parties agreed their dispute was subject to arbitration under the Federal Arbitration Act, a trial court signed an order compelling arbitration and appointing an arbitrator over CMH Homes’ objections that such an appointment was premature. CMH Ho
Guest Post Part II.B | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - December 6, 2010
Part II.B: Section 2 Express Preemption – Purposive Analysis by Philip J. Loree Jr. I. Introduction In Part II.A, we considered a textual construction of Section 2’s savings clause and concluded that it supports AT&T Mobility’s position. This Part II.B examines the savings clause from a purposive interpretation and construction standpoint. For the sake of convenience, the term “purposive” or “purposivism” is used here as a convenient way to d
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