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All articles tagged '"Supreme Court"'
379 articles found
Arbitrating Patent Disputes
By Victoria VanBuren - October 1, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote a interesting article about arbitrating patent infringement licenses. Here is an excerpt: Markman Hearings. In 1996, the US Supreme Court (Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)) established a procedure by which US District Judges hear evidence regarding the interpretation of patent claims during what is now called a Markman Hearing.
Michigan Journal of International Law Article on Class Action Arbitration
By Victoria VanBuren - September 23, 2009
Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte
GUEST-POST PART IVB | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 21, 2009
Part IVB: How will the Court Rule on the Merits? By Philip J. Loree Jr. I. Introduction In Part IVA (here) we considered whether the question in Stolt-Nielsen was one for the court or the arbitrators to decide, and predicted that at least five Justices of the United States Supreme Court will hold that the court must decide it. If we are correct, then the Supreme Court will consider on a de novo basis whether the arbitration panel had the authorit
GUEST-POST PART IVA | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 1, 2009
Part IVA: Who Decides? By Philip J. Loree Jr. I. Introduction In Part III (here) we examined the background of Stolt-Nielsen and identified four issues that the United States Supreme Court will likely confront when it decides the case. In this part IVA we consider the first issue: Who decides whether class arbitration can be imposed on the parties when their arbitration agreements are silent on that point? Put differently, is the question one of
GUEST-POST: Bad Faith Mandatory Mediation by Software Developer
By Victoria VanBuren - August 28, 2009
By Peter S. Vogel The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new Enterprise Resource Program (ERP) system for a large company in Mississippi. Unfortunately as things turn out abou
Disputing’s 4-Year Anniversary
By Victoria VanBuren - August 24, 2009
We are happy to share with you that our blog Disputing turns four today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Two Law Review Articles have cited Disputing (here and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration Fairness
GUEST-POST: Arbitration Hearing Technology – Using PowerPoint to Streamline the Hearing
By Victoria VanBuren - August 20, 2009
By Peter S. Vogel A software vendor made an arbitration demand that its hospital customer failed to pay thousands of dollars for its annual computer software maintenance support, and the hospital responded that it had terminated the agreements. Sounded like a pretty simple and straight forward dispute. At the preliminary telephone hearing the parties requested two days for the hearing. Discovery ran its normal course and the software vendor claim
Alternative Resolutions Article: Third Party Claims Regarding Arbitration
By Victoria VanBuren - August 19, 2009
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te
GUEST-POST PART III | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 17, 2009
Part III: Background and Procedural History of the Stolt-Nielsen Case By Philip J. Loree Jr. Introduction Back when the buzz about Stolt-Nielsen focused on how the court breathed new life into the “manifest disregard of the law” standard, the facts of the case were not nearly as important as its discussion of the law. Ordinarily, though, the practice of law is the practice of facts, and as respects the question whether the Second Circuit’s holdin
GUEST-POST: Creative Mediation for IT Dispute
By Victoria VanBuren - August 12, 2009
By Peter S. Vogel After receiving a Temporary Restraining Order (“TRO”) the Judge ordered a mediation conference between the plaintiff software licensor and their customer in Alabama. The software in dispute was a specialized tax website that the plaintiff had spent many years developing, and after defendant abruptly terminated the license the plaintiff was shocked that the defendant had a competing website providing specialized tax s
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