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All articles tagged '"Supreme Court"'
379 articles found
Article | The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes
By Victoria VanBuren - March 12, 2012
We invite you to check out Professor Thomas J. Stipanowich’s (pictured right) latest article: The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes. The piece is being published in an arbitration symposium issue of the Kansas Law Review, but it is now available for download here. The abstract is as follows: Recent Supreme C
In Re American Express Merchants’ Litigation | The Meaning of AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - March 8, 2012
Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012): Does the Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion – holding that arbitration clauses may not be invalidated on the ground that they contain class-action waivers – apply only when the underlying caus
GUEST-POST | Texas “Loser Pays” Rules May Exclude Mediation in Some Small Cases But Overall Impact Muted
By Victoria VanBuren - March 5, 2012
By Mike Schless and Don Philbin The “Loser Pays” Legislation that passed the 82nd Legislature and became effective September 1, 2011 did not contain the highly controversial loser pay provision of earlier drafts, but did direct the Texas Supreme Court to adopt rule revisions, one of which could impact ADR practice in smaller cases. Among other things, HB 274 required the Supreme Court to adopt rules to promote the “prompt, efficient, and cost-eff
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
Corporate Counsel: Citi, Discover Can’t Shake Credit Card Antitrust Suit Over Arbitration
By Victoria VanBuren - February 23, 2012
Do credit card agreements still contain mandatory arbitration provisions? here is an update from Corporate Counsel: We’ve been deluged with news about challenges to mandatory arbitration clauses over the last few months, ever since the U.S. Supreme Court issued its AT&T Mobility v. Concepcion opinion last April. So it’s refreshing to read a decision on arbitration provisions with a twist: in this case a good old-fashioned (alleged
Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration
By Victoria VanBuren - February 21, 2012
On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011). The questions presented are: Can a court affirm a district court’s sua sponte co
Texas Supreme Court Rules on Selection of Arbitrators
By Victoria VanBuren - February 6, 2012
In Americo Life, Inc. v. Myer, No. 10-0734 (Tex. Dec. 16, 2011), Americo Life, Inc., Americo Financial Life and Annuity Insurance Company, Great Southern Life Insurance Company, the Ohio State Life Insurance Company, and National Farmers’ Union Life Insurance Company (hereinafter “Americo”) and Robert L. Myer and Strider Marketing Group, Inc. (hereinafter “Myer”) contracted for Americo’s purchase of several ins
Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue
By Victoria VanBuren - January 26, 2012
We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in tha
U.S. Supreme Court Decides CompuCredit v. Greenwood
By Victoria VanBuren - January 11, 2012
Yesterday, 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 requires the arbitration agreement to be enforced according to its terms. The opinion is here. W
Employment Arbitration | Jones v. Halliburton
By Victoria VanBuren - January 5, 2012
Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun
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