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All articles tagged '"U.S. Supreme Court"'
70 articles found
U.S. Supreme Court Again Declines to Review Scope of Arbitral Agreement in Wrongful Death Action Against Nursing Home
By Beth Graham - June 9, 2015
The United States Supreme Court has again refused to consider whether the heirs of a deceased nursing home resident are bound by an arbitral agreement that was signed prior to the resident’s admission.
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.
Opening the Floodgates of Small Customer Claims in FINRA Arbitration
By Beth Graham - February 10, 2015
Teresa Jacqueline Verges, Lecturer in Law and Director of the Investor Rights Clinic at the University of Miami School of Law has published, “Opening the Floodgates of Small Customer Claims in FINRA Arbitration: FINRA v. Charles Schwab & Co., Inc.,” 15 Cardozo J. Conflict Resol. 623, 2014. In her article, Professor Verges examines the effect that recent U.S. Supreme Court decisions regarding the Federal Arbitration Act have had on the Financial I
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.
2012 Year-in-Review – SCOTUS Arbitration Case Law
By Victoria VanBuren - January 7, 2013
During 2012, the U.S. Supreme Court decided several cases related to arbitration: On January 10, 2012, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requ
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
U.S. Supreme Court Grants Cert to Class Arbitration Case
By Victoria VanBuren - November 14, 2012
Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Read our previous post about the case below here. Bloomberg’s coverage of the case is
U.S Supreme Court Considers Two Arbitration Petitions
By Victoria VanBuren - November 8, 2012
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,
Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act
By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern
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