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All articles tagged '"U.S. Supreme Court"'
70 articles found
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
Senator Al Franken Announces Plan to Reintroduce the Arbitration Fairness Act
By Victoria VanBuren - May 9, 2011
In response to the U.S. Supreme Court decision in AT&T, Mobility, LLC v. Concepcion, Senator Al Franken announced his plan to reintroduce the Arbitration Fairness Act . The Act would ban mandatory arbitration clauses in employment, consumer, and civil rights cases. “This ruling is another example of the Supreme Court favoring corporations over consumers,” said Sen. Franken. “The Arbitration Fairness Act would help rectify th
AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision
By Victoria VanBuren - May 5, 2011
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of class-wide arbitration procedures. We thought you would like to read some interesting commentary about the opinion: AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in ar
U.S. Supreme Court Grants Certiorari to Consumer Arbitration Case
By Victoria VanBuren - May 4, 2011
On May 2, 2011 the U.S. Supreme Court granted certiorari to yet another consumer arbitration case, CompuCredit Corp. v. Greenwood, No. 10-948. In Greenwood, the Ninth Circuit decided whether the word “sue,” as used in the Credit Repair Organization Act (“CROA”) means “arbitrate.” The court concluded that Congress meant what it said in using the term “sue,” and that it did not mean “arbitrate.” The Supreme Court is expected to resolve a spit betwe
U.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
By Beth Graham - February 25, 2011
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented in the case is: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevo
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
GUEST-POST | 2010 U.S. Supreme Court and Fifth Circuit Activity Reports
By Beth Graham - January 10, 2011
By Don Philbin U.S. Chief Justice John Roberts released his sixth Year-End Report on the Federal Judiciary on New Year’s Eve. While most of the press coverage has turned on his discussion of judicial vacancies, a three-page appendix highlights the workload of the federal courts. The Clerk of the Fifth Circuit produces a similar workload report containing insightful statistics, and the Texas Lawyer recently reviewed certain statistics for t
Law Review Article | I Could Have Been a Contender…
By Beth Graham - January 4, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. Vol. 114:4, No. 1149, 2010. In her article, Professor Welsh argues that recent U.S. Supreme Court decisions may be underminin
2010 Arbitration Case Law: U.S. Supreme Court
By Beth Graham - December 30, 2010
Today, Disputing continues its 2010 Year-End Highlights. The U.S. Supreme Court decided several cases related to arbitration this year: On April 27, the U.S. Supreme Court handed down its decision in Stolt-Nielsen v. AnimalFeeds, 08-1198. The Court held that “Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq.” On June 1, the Supreme
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
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