Karl Bayer's Disputing Blog

‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex

By Beth Graham - August 9, 2013

Professors Peter B. Rutledge, University of Georgia Law School, and Christopher R. Drahozal, University of Kansas School of Law, have authored a paper that uses empirical evidence to examine the effect the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion has had on arbitration clauses in business contracts.

The Federal Arbitration Act and Displacement of Agency Regulation

By Beth Graham - July 30, 2013

Maureen Weston, Professor of Law at Pepperdine University School of Law, has published a timely article entitled, The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation, 6 Penn. St. Y.B. on Arb. & Mediation 59 (2013); Pepperdine University Legal Studies Research Paper No. 2013/15.

Number of Civil Jury Trials Conducted in Texas Reaches a 40-Year Low

By Beth Graham - July 5, 2013

According to a recent report, the number of civil jury trials held each year across the State of Texas has declined to a 40-year low. Instead, many civil cases are now being decided using alternative dispute resolution methods such as pretrial mediation and arbitration.

Amicus Brief Opportunity for ADR Scholars and Practitioners

By Beth Graham - June 27, 2013

Disputing would like to thank Professors Kristen M. Blankley, University of Nebraska College of Law, and Liz Tippett, University of Oregon School of Law, for the following guest post:

U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”

By Beth Graham - June 26, 2013

A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.

The Impact of Chief Justice Jefferson’s State of the Judiciary Speech

By Karl Bayer - June 24, 2013

In March, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary speech before the 83rd Texas Legislature in Austin. Earlier this month, Disputing published the entire text of his speech in a series of three posts.

Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs

By Beth Graham - June 21, 2013

Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.

U.S. Supreme Court Decides American Express v. Italian Colors

By Beth Graham - June 20, 2013

Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).

Texas Supreme Court Issues Emergency Stay to Consider Arbitration

By Beth Graham - June 19, 2013

Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.