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All articles tagged '"Supreme Court"'
379 articles found
Call for Papers: AALS Section on Alternative Dispute Resolution | Deadline: September 1, 2011
By Victoria VanBuren - August 9, 2011
The announcement below is a call for papers for a panel discussion hosted by the Association of American Law Schools (“AALS”): In connection with the 2012 Annual Meeting of the Association of American Law Schools in Washington, D.C., the AALS Section on Alternative Dispute Resolution will be sponsoring a panel discussion on “The Supreme Court and the Future of Arbitration.” Over the past twenty five years, the range of disputes subjec
Texas Supreme Court Amends Its Ethical Guidelines for Mediators
By Victoria VanBuren - July 22, 2011
The Texas Supreme Court issued recently some amendments to its Ethical Guidelines for Mediators. These amendments were adopted in response to recommendations from the Alternative Dispute Resolution Section of the State Bar of Texas and went into effect on June 1, 2011. Find a copy of the amendments here.
Recent Developments in International Arbitration | July 2011
By Victoria VanBuren - July 19, 2011
We thought that you might find interesting the following recent developments in international arbitration published by the International Law Office service: Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Court changes jurisdiction on preclusion in enforcement proceedings France: Dallah
Tort Reform in Texas: Loser Pays Bill Signed into Law
By Holly Hayes - June 28, 2011
Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to create rules for the early dismissal of “causes of action that have no basis in law or fact on motion and without evidence.” The bill also allows trial courts to award attorney’s fees to a prevailing party on the court’s granting or d
Texas Supreme Court Rules on Interlocutory Appeal of an Arbitration Dispute
By Victoria VanBuren - June 23, 2011
The Texas Supreme Court held that Texas Civil Practice and Remedies Code Section 51.016 does not allow an interlocutory appeal of an order appointing an arbitrator. In CMH Homes,et al.v. Adam Perez, No. 10-0688 (Tex., May 27, 2011), Adam Perez purchased a manufactured home from CMH Homes , Inc. from salesman Bruce Robinson Moore, Jr. and Vanderbilt Mortgage and Finance financed the purchase. The contract between CMH Homes and Perez contained an a
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
By Victoria VanBuren - June 14, 2011
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a
NFL Settlement Talks | Are You Ready for Some Arbitration?
By Victoria VanBuren - June 14, 2011
By Brett Goodman Now more than ever, arbitration may have the potential to affect millions of lives, even if that means encouraging Americans to enjoy chips and dip and play Monday morning quarterback. With approximately a month left until NFL preseason games should begin, the NFL owners and the NFL players’ association (NFLPA) remain in a lockout. Though a so-called deadline has passed on more than one occasion without effect, at the very least,
Texas Tech Law Review Article | Alternative Dispute Resolution: Litigating Arbitration Slows as Mediation Becomes More Popular
By Victoria VanBuren - June 8, 2011
Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisti
ALI-ABA Webinar | AT&T Mobility v Concepcion – What It Means for Class Actions and Arbitration, June 1, 2011
By Victoria VanBuren - May 30, 2011
Mark your calendars! our blog contributor professor S.I. Strong, will be hosting the live Webcast AT&T Mobility v. Conception: What It Means for Class Actions and Arbitration on June 1, 2011 at 12:30 pm – 1:30 pm EDT. Here is the course description: Taught by Elyse D. Echtman, Jennifer L. Young and S.I. Strong, this session provides insights on Concepcion from both the plaintiffs’ and the defendants’ bar, as well as the views of one of
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
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