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All articles tagged '"Supreme Court"'
379 articles found
Supreme Court Upholds Class Arbitration Decision in Sutter
By Beth Graham - June 11, 2013
Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.
Part III: State of the Judiciary
By Karl Bayer - June 6, 2013
On March 6th, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary Speech before the 83rd Texas Legislature. Due to the length of the speech, Disputing published the speech in three parts.
Here is Part III:
Part One: A Brief Overview of the Delaware Arbitration Program
By Karl Bayer - June 5, 2013
The following is Part One of a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program.” The paper is a fascinating read for anyone in the arbitration field. Following the format of Professor Stipanowich’s article, Part One will provide a brief background on the history of the Delaware Arbitratio
Part II: State of the Judiciary
By Karl Bayer - June 5, 2013
In March, Chief Justice Wallace B. Jefferson presented his State of the Judiciary Speech before the 83rd Texas Legislature. Yesterday, Disputing published Part I of his speech.
Here is Part II:
Part I: State of the Judiciary
By Karl Bayer - June 4, 2013
On March 6th, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary Speech before the 83rd Texas Legislature in Austin. Disputing will publish the entire speech in three parts.
Here is Part I:
Washington Legislature Says Statute of Limitations Applies to Arbitration Proceedings
By Beth Graham - May 28, 2013
An interesting arbitration-related development has come out of the Washington Legislature. In an apparent response to a 2010 Washington Supreme Court ruling, lawmakers have amended the state’s Uniform Arbitration Act to allow statutes of limitations to apply to arbitral proceedings.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
By Beth Graham - May 9, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
By Beth Graham - April 29, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. After a number of appeals, the Illinois Supreme Court held that Carter’s lawsuit could proceed despite that she signed the agreement to arbitrate.
Second Circuit Sends Employment Discrimination Case to Arbitration
By Beth Graham - April 17, 2013
According to the Appeals Court, Supreme Court precedent required the three-judge panel to interpret the Federal Arbitration Act in such a way that favors an agreement to arbitrate even in cases that involve federal statutory claims. This holding is especially significant because the burden of proof regarding the alleged pattern of discrimination would have reportedly shifted to Goldman Sachs if the court had held that Parisi was allowed to pursue
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
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