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All articles tagged '"Supreme Court"'
379 articles found
Texas Supreme Court Orders Arbitration in Oil and Gas Dispute
By Victoria VanBuren - April 21, 2009
Last week, the Supreme Court of Texas decided In re Gulf Exploration, LLC, No. 07-0055 (Tex. Apr. 17, 2009). The issue was whether mandamus review of orders compelling arbitration should be entirely precluded. Thanks to Don Philbin for bringing this case to our attention. First, the court noted the narrow exception articulated by the Fifth Circuit in Apache Bohai v. Texaco China, that mandamus might be available if an applicant can show “cl
Court Affirms Arbitration Panel’s Order to Reinstate In-House Attorney in Employment Discrimination Case
By Victoria VanBuren - April 17, 2009
This week, a Court of Appeals for the State of Wisconsin decided Sands v. Menard, Inc., No. 2008AP1703, 2009 WI App 70. Sands is a former general counsel for Menard, Inc. Her employment was terminated following a dispute over compensation. Pursuant to a mandatory arbitration agreement, Sands submitted her claims to an arbitration panel. The panel found that Menard violated the Equal Pay Act by paying Sands less than a male employee and also found
U.S. Bill Would Limit Consumer Arbitration
By Victoria VanBuren - April 8, 2009
As the U.S. Supreme Court and consumer studies on arbitration praise the benefits of arbitration, the 111st Congress is advancing a bill that would ban arbitration in consumer mortgage contracts. H.R. 1728 proposed by Rep. Miller (D- NC), titled the “Mortgage Reform and Anti-Predatory Lending Act of 2009,” would Amend the Truth in Lending Act of 1968. The bill provides, among other things, that “[n]o residential mortgage loan an
14 Penn Plaza v. Pyett: Conflicts of Interest
By Victoria VanBuren - April 6, 2009
Last Friday, we wrote about the latest U.S. Supreme Court case related to arbitration. As we re-read the lengthy opinion, one of the issues that caught our attention was the composition of the parties (fully described here) and the potential for conflicts of interest. As Justice Stevens‘ dissenting opinion points out, the majority noted “the problem of entrusting a union with certain arbitration decisions given the potential conflict
U.S. Supreme Court Enforces Agreement to Arbitrate Discrimination Claims in 14 Penn Plaza v. Pyett
By Victoria VanBuren - April 3, 2009
This week, the U.S. Supreme Court decided (5-4) 14 Penn Plaza v. Pyett, No. 07-581, (U.S. Apr. 1, 2009). Justice Thomas delivered the opinion of the Court, joined by Chief Justice Roberts and Justices Scalia, Kennedy, and Alito. Justice Stevens filed a dissenting opinion. Justice Souter filed a dissenting opinion as well, joined by Justices Ginsburg and Breyer. Respondents are employed as night lobby watchmen and are members of the Service Employ
U.S. Supreme Court Rules on Vaden v. Discover Bank
By Victoria VanBuren - March 19, 2009
Last week we blogged about the U.S. Supreme Court ruling on Vaden V. Discover Bank, No. 07-773, (U.S. Mar. 9, 2009). Justice Ginsburg delivered the opinion of the Court, joined by Scalia, Kennedy, Souter, and Thomas. Chief Justice Roberts concurred in part and dissented in part and was joined by Stevens, Breyer, and Alito. Here is a summary of the case. Discover Bank sued cardholder Vaden in Maryland state court to recover past due charges ($10,6
Fifth Circuit: Life After Hall Street
By Victoria VanBuren - March 17, 2009
Last week, the Fifth Circuit decided whether manifest disregard of the law remains a valid ground for vacating an arbitration award in light of last year’s U.S. Supreme Court case Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). For background and commentary on that case, visit our previous posts: Dead? Alive? Matter of Opinion? Dec. 4, 2008 Rau Responds Jun. 9, 2008 Rau Gives Souter a C-minus Jun. 5, 2008 Glen Wilkers
U.S. Supreme Court Rules on Federal Courts’ Arbitration Jurisdiction
By Victoria VanBuren - March 10, 2009
Yesterday, the U.S. Supreme Court decided Vaden v. Discover Bank (No. 07-773) 556 U.S. __ (2009). Interpreting section 4 of the FAA, the Court held that the federal court had no jurisdiction to compel arbitration because the underlying dispute arose under state law and the whole controversy did not qualify for federal-court adjudication. Special thanks to our friend Ross Runkel for bringing this important case to our attention. Visit here profess
Texas Supreme Court: In Re jindal and In Re Bank of America
By Victoria VanBuren - March 2, 2009
Last Friday, the Texas Supreme Court handed down two opinions related to arbitration: In re Jindal Saw Limited, Jindal Enterprises, LLC, and Saw Pipes USA, (No. 08-0805). Citing In re Labatt Food Service, L.P., __S.W.3d __ (Tex. 2009), the court held that an arbitration agreement between a decedent and his employer required the nonsignatories beneficiaries to arbitrate their claims. In re Bank of America, N.A., (No. 07-0901). Deciding the issue o
Fifth Circuit: the Public Policy Exception
By Victoria VanBuren - February 17, 2009
The latest Fifth Circuit‘s decision related to arbitration is Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, _F.3d_ (5th Cir. 2009) (Cause No. 07-20835). This case falls within the Railway Labor Act (RLA), which provides that minor disputes must be resolved through compulsory and binding arbitration before the System Board of Adjustment (SBA). Here, a pilot is appealing an order of the U.S. District Court for the Southern Distr
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