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All articles tagged '"Supreme Court"'
379 articles found
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
MA Supreme Court Rules that Mediation by a Disbarred Attorney May Constitute the Practice of Law
By Victoria VanBuren - November 21, 2012
In In the Matter of Anthony Raoul Bott, 462 Mass. 430 (2012), an attorney resigned from the Massachusetts bar due to a disciplinary action in 2005. Five years later, and after his completion of a mediation training program, he petitioned the Court to serve as a mediator. The issue before the Massachusetts Supreme Judicial Court was whether mediation,when performed by an attorney who has resigned from the practice of law while the subject of disci
U.S. Supreme Court Grants Cert to Class Arbitration Case
By Victoria VanBuren - November 14, 2012
Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Read our previous post about the case below here. Bloomberg’s coverage of the case is
U.S Supreme Court Considers Two Arbitration Petitions
By Victoria VanBuren - November 8, 2012
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,
GUEST-POST | The Role of e-Mediation in Resolving ESI Disputes in Federal Court | Interview with Allison Skinner
By Victoria VanBuren - October 29, 2012
by Peter S. Vogel My friend, Allison Skinner, who co-founded the American College of e-Neutrals with me, attended an interesting panel presented by the E-Discovery Series in the Western District of Pennsylvania on September 6, 2012 entitled “The Role of e-Mediation in Resolving ESI Disputes in Federal Court.” The U.S. District Court for the Western District of Pennsylvania was the first District to create an E-Discovery Special Master Panel
Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act
By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern
Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles
By Victoria VanBuren - October 3, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review 201 (2012). The abstract is: In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflect
Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion
By Victoria VanBuren - October 2, 2012
by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis
Professor S.I. Strong Named as a U.S. Supreme Court Fellow for the 2012-2013 Term
By Victoria VanBuren - August 21, 2012
We are pleased to announce that our blog contributor, Professor S.I. Strong (University of Missouri School of Law), has been selected as a Fellow of the Supreme Court of the United States for the 2012-13 term. Professor Strong will be assigned to the International Relations Office of the Federal Judicial Center, where she will examine the federal judicial process and seek, propose, and implement solutions to problems in the administration of just
Article | Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations
By Victoria VanBuren - August 16, 2012
Professor Kristen Blankley (University of Nebraska College of Law) has posted “Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations” on SSN. It is a short article discussing recent class action arbitration and employment arbitration cases. You may download the article (for free) here.
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