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All articles tagged '"Supreme Court"'
379 articles found
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Crossing the Threshold: Arbitral Jurisdiction after BG Group
By Beth Graham - September 22, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).
Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration
By Beth Graham - September 11, 2014
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.
Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses
By Beth Graham - September 5, 2014
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has authored Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses, Forthcoming 66 Hasting L.J. ___ (symposium issue #3, 2015)(draft paper); U of Texas Law, Public Law Research Paper No. 568.
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration
By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
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