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2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
Class Action Suit Filed Against the National Arbitration Forum
By Victoria VanBuren - September 17, 2009
As brought up for discussion by Professor Peter Friedman at our Commercial and Industry Arbitration and Mediation LinkedIn Group, the law firm of Milberg LLP has filed a class action lawsuit against the National Arbitration Forum (NAF). The Complaint alleges, among other things, that NAF falsely presented its arbitration services as neutral. (read more here) [Update: Click on the link for the text of the Complaint Magnone v. Accretive LLC, courte
Atlantic Coast In-House Article: The Role of Special Master in E-Discovery
By Victoria VanBuren - September 15, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote an interesting piece about the role that a special master plays in electronic evidence disputes. Mr. Vogel writes that a special master in e-discovery usually: conducts interviews of IT employees; reviews software; examines data; searches websites; holds hearings on various disputes; assists judges by reviewing motions for summary judgment; and has priva
Client Sues Texas Attorney Over Failed Arbitration
By Victoria VanBuren - July 24, 2009
Our reader Pat Winslow sent us a rather unusual case filed last year in Tarrant County, Texas. In Scott W. Mooring v. Strasburger (No. 231985) (Aug. 18, 2008) Scott W. Moorig sued Charles M. Hosch and his employer, the law firm Strasburger & Price, LLP, for breach of contract and fraud. Mooring claims that he hired Hosch to conduct an arbitration between himself and two former business associates. The complaint alleges that Hosch took the mon
U.S. Supreme Court Vacates Sixth Circuit Decision that Nonsignatories May not Enforce Arbitration Agreement
By Victoria VanBuren - July 7, 2009
Looks like the U.S. Supreme Court can’t have enough of arbitration this term. As posted at the Adjunct Law Prof, the Court vacated and remanded Kimberlin v Renasant Bank (Dkt No 08-816). The issue decided by the U.S. Court of Appeals for the Sixth Circuit was whether non-parties to an arbitration agreement can invoke Section 3 of the Federal Arbitration Act and compel arbitration. The U.S. Supreme Court decided this issue recently in Arthur
Arbitration of Discrimination Claims: First Post-Pyett Case
By Victoria VanBuren - May 21, 2009
As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D
Fifth Circuit Finds that Nonsignatories Are Bound by Decedent’s Arbitration Agreement
By Victoria VanBuren - May 14, 2009
The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute
Texas Bar Journal Article: The Future of Arbitration
By Victoria VanBuren - May 13, 2009
Mark A. Shank and John L. Turner from Gruber Hurst, Johansen & Hail, LLP wrote a timely article about arbitration, published this month by the Texas Bar Journal. The authors do an excellent job at explaining the virtues of arbitration (speed, informality, and low cost) and at the same time, address the latest challenges to mandatory arbitration by legislation introduced in Congress and the Texas Legislature. If you missed the article, here is
U.S. Supreme Court Decided Arthur Andersen Case Today
By Victoria VanBuren - May 4, 2009
Today, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08-146. One of the issues resolved by the Court is whether a contract to arbitrate a dispute is enforceable by a nonsignatory party to the agreement. The text of the opinion is here. We will blog on this case after we read it.
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