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All articles tagged '"Supreme Court"'
379 articles found
The Future of Software Patents: U.S. Supreme Court Hears Arguments on Bilski v. Kappos
By Victoria VanBuren - November 9, 2009
As previously discussed, today the U.S. Supreme Court heard arguments for Bilski v. Kappos, a high-stakes software patent case (the transcript is here). In Bilski, the Federal Circuit rejected patent claims involving a method of hedging risks in commodities trading. The U.S. Supreme Court is now asked to decide whether the Patent Act contemplates the patentability of business methods –which include software patents. Links to the case docume
Florida Arbitration Law: Wife Verbally OK’s Husband to Sign Papers Is Agency to Sign Arbitration Clause
By Victoria VanBuren - November 5, 2009
In contrast to our discussion of Koricic v. Beverly Enters. in which the Nebraska Supreme Court held that a son lacked authority to sign an arbitration agreement on behalf of his mother, a recent trial court in Florida ruled in Christenson, v. The Abbey Rehabilitation and Nursing Center that a husband had apparent authority to sign a nursing home arbitration agreement. From Florida Arbitration Law.com: In Christenson, the validity of an arbitrati
Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award
By Victoria VanBuren - November 5, 2009
Within the five opinions released by the Texas Supreme Court on October 30, Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc., (Texas 2009) (No. 08?0780) caught our attention. The case deals with a dispute over insurance coverage to pay for a $1.5 million defamation arbitration award granted to Noe Martinez, a former employee of Greenspoint. The award was confirmed by a district court in Harris County back in 2002. See Martinez. v. Gre
Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case
By Victoria VanBuren - November 4, 2009
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a
GUEST-POST | Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea
By Victoria VanBuren - October 29, 2009
By Peter S. Vogel Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great mod
E-Discovery and the Enron E-mail Dataset Research
By Victoria VanBuren - October 27, 2009
Last week I had the honor to guest-post at Peter Vogel‘s impressive Internet, Information Technology, & e-Discovery Blog. As some readers may know, Mr. Vogel is a frequent guest-blogger here at Disputing. Check out my guest blog! E-Discovery and the Enron E-mail Dataset Research By Victoria VanBuren, October 21, 2009. The U.S. Supreme Court granting of certiorari to former Enron CEO Jeffrey Skilling dominated the news headlines last wee
WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes”
By Victoria VanBuren - October 19, 2009
Last week’s Wall Street Journal had an interesting and well-written article about arbitration of credit card disputes, centered around the National Arbitration Forum (NAF). Hat tip to Don Philbin. Here is an excerpt: Arbitration and mediation have existed as ways to resolve disputes in the U.S. for more than 200 years. They became the standard practice in the financial world after 1987, when a Supreme Court decision gave securities firms th
CPR Arbitration Article: Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium’
By Victoria VanBuren - October 12, 2009
Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress
Texas Supreme Court Hears Case on Standards of Judicial Review for Arbitration Awards After Hall Street
By Victoria VanBuren - October 8, 2009
As reported by the Texas Supreme Court Blog (thanks for the cite!) the Texas Supreme Court heard arguments today on the case NAFTA Traders, Inc. v. Margaret A. Quinn; from Dallas County; 5th district (05?07?00340?CV, 257 SW3d 795, 06?17?08). NAFTA Traders appeals the confirmation of an arbitral award in favor of Margaret Quinn in a sexual discrimination case under the Texas General Arbitration Act (TAA). The Dallas Court of Appeals relying on the
Texas Governor Appoints Justice Eva Guzman to Serve on the Texas Supreme Court
By Victoria VanBuren - October 8, 2009
Texas Governor Rick Perry appointed today Justice Eva Guzman of the 14th Court of Appeals to serve on the Supreme Court of Texas. Justice Guzman will replace Justice Scott Brister, who left the court in September. As Don Cruse at the Supreme Court of Texas Blog points out, an appointed Justice does not have to be confirmed by the Texas Senate until the next session, so Justice Guzman can run for a six-year term in 2010. Read more at the Houston C
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