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All articles tagged '"Supreme Court"'
379 articles found
SCOTUS to Consider Enforceability of Class Action Waivers in Arbitration Agreements
By Beth Graham - February 26, 2013
Tomorrow, the United States Supreme Court will hear oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the United States Court of Appeals for the Second Circuit addresses whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim. In the case, a number of small businesses, including Italian Colors R
Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule
By Beth Graham - February 18, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class Action Waivers, and the ‘Effective Vindication’ Rule,” Univ. of Texas Law, Public Law Research Paper No. 349. The paper is a preview of the issues before the United States Supreme Court in American Express Corp. v. Italian Colors Rest
The 5 Healthcare Issues to Watch in 2013
By Holly Hayes - February 8, 2013
The Physicians Foundation identified five issues likely to significantly impact physicians and patients in 2013. The 2013 Watch List is based on research undertaken by the Foundation in 2012 including the 2012 Biennial Physician Survey, the 2012 Next Generation Physician Survey, and the 2012 US Healthcare Highway Report.
Texas Supreme Court Reverses Richmont Holdings Decision
By Beth Graham - January 30, 2013
On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
2012 Year-in-Review – Texas Arbitration Case Law
By Victoria VanBuren - January 9, 2013
Continuing our 2012 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the Texas Supreme Court ruled on appellate court jurisdiction over order confirming arbitration award in part and vacating the award in part. Read more here. In In re Lopez, 372 S.W. 3d 174 (June 8, 2012) the Supreme Cour
2012 Year-in-Review – SCOTUS Arbitration Case Law
By Victoria VanBuren - January 7, 2013
During 2012, the U.S. Supreme Court decided several cases related to arbitration: On January 10, 2012, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requ
2012 Developments in International Arbitration
By Victoria VanBuren - December 28, 2012
Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bum
Fifth Circuit Upholds: UPS Union Members Can Bring Title VII Claims in a Federal Judicial Forum
By Jeremy Clare - December 26, 2012
The United States Court of Appeals for the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Background In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), Amber Ibarra worked as a package car driver for the United Parcel Service (“UPS”), but was terminated from her job after she lost control of her van and stru
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
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