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All articles tagged '"Federal Arbitration Act"'
84 articles found
Texas Supreme Court Compels Arbitration of Employment Discrimination Claims
By Victoria VanBuren - November 10, 2009
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica, __S.W.3d __ (Tex. 2009) (No. 08-1064), Polymerica, L.L.C. d.b.a Global Enterprises, Inc. (“Global”), a manufacture of plastics, hired Angelica Soltero in 1998. In 2002, Global con
GUEST-POST PART IVB | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 21, 2009
Part IVB: How will the Court Rule on the Merits? By Philip J. Loree Jr. I. Introduction In Part IVA (here) we considered whether the question in Stolt-Nielsen was one for the court or the arbitrators to decide, and predicted that at least five Justices of the United States Supreme Court will hold that the court must decide it. If we are correct, then the Supreme Court will consider on a de novo basis whether the arbitration panel had the authorit
GUEST-POST PART IVA | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 1, 2009
Part IVA: Who Decides? By Philip J. Loree Jr. I. Introduction In Part III (here) we examined the background of Stolt-Nielsen and identified four issues that the United States Supreme Court will likely confront when it decides the case. In this part IVA we consider the first issue: Who decides whether class arbitration can be imposed on the parties when their arbitration agreements are silent on that point? Put differently, is the question one of
GUEST-POST PART III | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 17, 2009
Part III: Background and Procedural History of the Stolt-Nielsen Case By Philip J. Loree Jr. Introduction Back when the buzz about Stolt-Nielsen focused on how the court breathed new life into the “manifest disregard of the law” standard, the facts of the case were not nearly as important as its discussion of the law. Ordinarily, though, the practice of law is the practice of facts, and as respects the question whether the Second Circuit’s holdin
GUEST-POST PART II | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 10, 2009
Part II: The Legal Landscape: Green Tree Financial Corp. v. Bazzle By Philip J. Loree Jr. Introduction As discussed in Part I, Stolt-Nielsen is a do-over of sorts. Back in 2003 the United States Supreme Court set out to decide in Green Tree Financial Corp. v. Bazzle whether imposing class arbitration on parties whose agreement is silent on that point is consistent with the Federal Arbitration Act. But that never happened because it turned out the
GUEST-POST PART I | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 6, 2009
Part I: Introduction By Philip J. Loree Jr. Introduction The Loree Reinsurance and Arbitration Law Forum is delighted to guest post once again on Karl Bayer’s and Victoria VanBuren’s wonderful ADR blog, Disputing. Because Victoria and I have both written fairly extensively about Hall Street Assoc. v. Mattel, Inc, 128 S. Ct. 1396 (2008), and about two of the most frequently cited cases construing Hall Street’s dictum on manifest disregard of the l
Law Journal Article: “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” and the Federal Arbitration Act
By Victoria VanBuren - July 4, 2009
During this Fourth of July holiday weekend, our good friend Don Philbin stumbled across “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” 40 St. Mary’s L.J. 795 written by the Honorable W. Royal Furgeson, Jr. In the article, Judge Furgeson discusses the Arbitration Fairness Act of 2007, which is analogous to the Arbitration Fairness Act of 2009 (previously blogged here) currently considered in the U.S. Congress. If
Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083
By Victoria VanBuren - June 26, 2009
On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer
U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case
By Victoria VanBuren - June 16, 2009
As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act. You can find background about this important case followin
Texas Legislature Update
By Victoria VanBuren - May 27, 2009
[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitra
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