Karl Bayer's Disputing Blog

Bicyclist Armstrong Appeals Arbitration Panel’s Decision to Supreme Court of Texas

By Beth Graham - May 4, 2014

On Friday, former professional bicyclist Lance Armstrong asked the Supreme Court of Texas to overturn a Dallas arbitration panel’s decision to reconsider a 2005 arbitration settlement in his favor.

Retaliatory Employment Arbitration

By Beth Graham - April 28, 2014

Michael Z. Green, Professor of Law at the Texas A&M University School of Law, has published an interesting article entitled, Retaliatory Employment Arbitration, Berkeley Journal of Employment and Labor Law, Vol. 35, 2014.

Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision

By Beth Graham - April 21, 2014

Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III

By Renee Kolar - April 7, 2014

As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner:

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART I

By Renee Kolar - April 3, 2014

This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically.

The Future of Class Arbitration Part III

By Renee Kolar - April 2, 2014

In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.

The Future of Class Arbitration Part I

By Renee Kolar - March 31, 2014

In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T v. Concepcion and Stolt-Nielsen v. AnimalFeeds, commentary addressed the possibility that class arbitration was dead.

Ohio Supreme Court Orders Jock Tax Dispute to Mediation

By Beth Graham - March 18, 2014

Last week, the Supreme Court of Ohio ordered two lawsuits filed by former professional football players over Cleveland, Ohio’s so-called “jock tax” to mediation.