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All articles tagged '"Supreme Court"'
379 articles found
U.S. Supreme Court Rules on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 27, 2010
[UPDATE: Read professor Thomas J. Stipanowich’s comments about the case here and professor S.I. Strong’s here.] Today, the U.S. Supreme Court handed down its decision on Stolt-Nielsen v. AnimalFeeds. The Court’s decision may be downloaded here. The Court held that “”Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S.
Transcript of Oral Arguments on Rent-A-Center West v. Jackson: Arbitration Unconscionability Case
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010 the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson. The transcript is here. Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decisio
Commentary on Rent-A-Center v. Jackson and Arbitration Unconscionability
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010, the U.S. Supreme Court will hear an arbitration case. Chicago, has its own with overlapping issues. On February 15, 2010, I FILED 10cv1013 in the United States District Court for Northern, Illinois. See Falconer v. Gibsons Restaurant Group et. al. My opponent (Gibsons) has argued that the federal court lacks subject matter jurisdiction to decide if the arbitration clause is unconscionable (see its Pacer documents 12 & 1
A Case that Has Gone Through Litigation, Arbitration, and Mediation: Cull and Cull v. Perry Homes
By Victoria VanBuren - April 24, 2010
It has been a long road for Mr. and Mrs. Cull. Here are the facts of the case: In 1996, the Culls bought a home from home builder Perry Homes and warranties from Home Owners Multiple Equity, Inc. and Warranty Underwriters Insurance Company. In 2000, the Culls sued the warranty companies over problems with their house foundation and construction. They claimed that their home had defects that caused its appraised value to plummet from more than $23
U.S. Supreme Court to Hear Arguments in Arbitration Unconscionability Case: Rent-A-Center v. Jackson
By Victoria VanBuren - April 22, 2010
Oral arguments in Rent-A-Center West v. Jackson, a case that we have been following on this blog, are scheduled at the U.S. Supreme Court on Monday, April 26. Here are some relevant details: Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably
Arbitration Unconscionability Case: New Amicus Curiae Brief
By Victoria VanBuren - April 6, 2010
On March 31, a new amicus brief has been filed with the U.S. Supreme Court on the case Rent-A-Center, West v. Jackson, Docket No. 09-497 (read our previous post here). The case is scheduled to be argued on April 26. The new brief filed by professional arbitrators and arbitration scholars in support of the respondent, argues that the question of whether an arbitration agreement is unconscionable should be decided by a court, not an arbitrator. Lin
Recent Developments in Arbitration Unconscionability
By Victoria VanBuren - March 30, 2010
As the U.S. Supreme Court prepares to decide Rent-A-Center v. Jackson, we thought that you might find interesting to read the following blog posts and articles relating to the issue of arbitration unconscionability: Who gets to Decide Unconscionability?, Andrea Schneider, ADR Prof Blog (March 4, 2010) Thankful for Unanswered Prayers? Unconscionability Equilibrium, Don Philbin, Alternative Resolutions Newsletter, page 30 (Winter 2010) Unconscionab
Texas Supreme Court Clarifies Appeals Under the Texas Arbitration Act
By Victoria VanBuren - March 26, 2010
The Texas Supreme Court held that the Texas General Arbitration Act (TAA) allows an appeal from a trial court’s order that denies confirmation of an arbitration award and instead, vacates the award and directs that the dispute be arbitrated anew. Justice Hecht delivered the opinion of the court, in which Justice O’Neill, Justice Wainwright, Justice Johnson, Justice Willett, and Justice Guzman joined. Justice Willett filed a concurring opinion. Ch
Jones v. Halliburton: Halliburton and KBR Withdraw U.S. Supreme Court Appeal
By Victoria VanBuren - March 24, 2010
The Houston Chronicle reports on Halliburton and KBR’s appeal of the recent Fifth Circuit decision in Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009) : Halliburton, KBR drop court appeal in rape case By RAMIT PLUSHNICK-MASTI Associated Press Writer © 2010 The Associated Press March 22, 2010, 5:09PM HOUSTON — Halliburton Co. and KBR Inc. have withdrawn an appeal asking the U.S. Supreme Court to block a lawsuit by a former military contrac
Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care
By Victoria VanBuren - February 23, 2010
Aaron Bruhl (pictured left) Professor at the University of Houston Law Center, has posted this interesting commentary at the Prawfsblawg yesterday about Rent-A-Center v. Jackson, the upcoming U.S. Supreme Court case about whether courts or arbitrators should decide the issue of unconscionability. (previously discussed here). Here is an excerpt: The Federal Arbitration Act makes arbitration agreements as enforceable as all other contracts. In Apri
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