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All articles tagged '"Supreme Court"'
379 articles found
Halliburton/KBR Files Cert. in Jones v. Halliburton
By Victoria VanBuren - February 8, 2010
Via On Point News, we learned that Halliburton/KBR has recently filed a petition for certiorari with the U.S. Supreme Court on the case Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009). The issue is whether the arbitration provision in an employment contract includes the tort claim of sexual assault. The petition presents this question: Respondent Jamie Leigh Jones filed a complaint in federal district court against her employer, seeking redres
Supreme Court Agrees to Hear Arbitration Unconscionability Case
By Victoria VanBuren - January 18, 2010
The U.S. Supreme Court has granted certiorari to Jackson v. Rent-A-CenterWest, Inc. , No. 07-16164 (9th Cir. Sept. 9, 2009). The question presented is whether a district court is in all cases required 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 d
GUEST-POST | 210 Billion Emails Sent Each Day –It’s Time to Use eMediation or Special Masters in eDiscovery – Webcast on February 16, 2010 (State Bar of Texas CLE)
By Victoria VanBuren - January 15, 2010
by Peter S. Vogel Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the more than 1 trillion text messages sent in 2008. eDiscovery has impacted every lawsuit in every courthouse, and with this unbelievable number of emails and text messages litigation will never be the same. After the Guest Post last November about Allison Skinner’s Brilliant idea about eMediation, Allison and I have received gr
U.S. Supreme Court Rules on Railway Labor Act Pre-Arbitration Conference Requirement
By Victoria VanBuren - December 22, 2009
This month, the United States Supreme Court handed down Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009). Justice Ginsburg delivered the opinion for a unanimous Court. The Railway Labor Act (RLA) as amended, provides for arbitration of “minor disputes” of railroad employees before a panels at the National Railroad Adjustment Board (NRAB or Board). These panels are composed of two representatives of labo
2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
U.S. Supreme Court Decides Railway Labor Act Arbitration Case
By Victoria VanBuren - December 10, 2009
As we were ready to wrap-up the year, the U.S. Supreme Court decides yet another arbitration case. In Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), the issue before the Court was whether pre-arbitration conference was a jurisdictional requirement. We will post a summary of the case after we read it and it will be added to our 2009 Year-End post as well.
2009 Arbitration Case Law: Texas Supreme Court
By Victoria VanBuren - December 9, 2009
Continuing with our 2009 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down by the Texas Supreme Court. The landmark case In re Poly-America, L.P. , 262 S.W.3d 337 (Tex. 2008) decided in 2008, involves a retaliatory-discharge claim. The court concluded that fee-splitting schemes in an arbitration agreement are unconscionable. (post available here) In February, the court decided three arbitration-
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
Texas Supreme Court Compels Nonsignatories to Arbitrate Wrongful Death Claims
By Victoria VanBuren - December 2, 2009
In re Golden Peanut Co., (Texas 2009) (No. 09-0122) deals with family members who brought a wrongful death action against Grant Drennan’s employer, Golden Peanut Company, LLC. (“Golden Peanut”). Golden Peanut did not subscribe to worker’s compensation insurance, but provided an Employee Injury Benefit Plan which called for binding arbitration of employment-related claims. Golden Peanut filed a motion to compel arbitration.
Texas Supreme Court Compels Arbitration of Employment Discrimination Claims
By Victoria VanBuren - November 10, 2009
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica, __S.W.3d __ (Tex. 2009) (No. 08-1064), Polymerica, L.L.C. d.b.a Global Enterprises, Inc. (“Global”), a manufacture of plastics, hired Angelica Soltero in 1998. In 2002, Global con
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