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All articles tagged '"U.S. Supreme Court"'
70 articles found
Fifth Circuit Rules that Unions and Employees May Contract to Exclude Certain Claims from Arbitration Under the RLA
By Victoria VanBuren - August 5, 2010
The United States Court of Appeals for the Fifth Circuit held that a grievance concerning a pilot’s discharge is not subjected to the Railroad Labor Act’s (RLA) mandatory arbitration mechanism because the collective bargaining agreement (CBA) between the airline and its pilot’s union explicitly excluded the claim. In CareFlite v. AFL-CIO, No. 08-10807 (5th Cir. Jul. 13, 2010) CareFlite is a medical transportation company that em
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Unconscionability Decision
By Victoria VanBuren - July 12, 2010
On June 21, 2010, the U.S. Supreme Court decided Rent-A-Center, West v. Jackson. The question presented was: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (”FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision? We thought you would like to read some interesting
New Arbitration Petition Before the U.S. Supreme Court
By Victoria VanBuren - June 21, 2010
[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion. In Zurich American Insurance Company v. Pioneer
GUEST-POST | Possible Outcomes for Class Arbitration Waivers in Consumer Contracts
By Victoria VanBuren - June 2, 2010
[Ed. note: Following find interesting comments about AT&T v. Concepcion, a case pending before the U.S. Supreme Court. Read more about the case here. These comments were first posted at Paul Lurie’s excellent listserv and we are reprinting them with the author’s permission.] By James M. Gaitis Ultimately, we are faced with at least four different possible outcomes for consumer arbitration provisions containing class preclusion clauses.
U.S. Supreme Court Denies Cert to Tobacco Arbitration Case
By Victoria VanBuren - June 1, 2010
Today, the U.S. Supreme Court denied certiorari to R.J. Reynolds Tobacco Company v. Montana, No. 09-911. The question presented was whether the Montana Supreme Court violated the Federal Arbitration Act by refusing to compel arbitration of a dispute between tobacco companies and settling states that courts of other states and territories have held arbitrable under the plain terms of the nationwide Master Settlement Agreement. Links to the case br
Stolt-Nielsen v. AnimalFeeds | Blawgosphere Roundup on Class Action Arbitration Case
By Victoria VanBuren - May 13, 2010
Following are links to noteworthy commentary about the recent U.S. Supreme Court decision on Stolt-Nielsen S.A. et al. v. AnimalFeeds Int’l Corp., No. 08-1198, April 27, 2010. The Court’s decision may be downloaded here. GUEST POST: Stolt-Nielsen Opens More Doors Than It Closes, S.I. Strong, Disputing (May 6, 2010) Goldman’s Take on AnimalFeeds, Alvin Goldman, ADR Prof Blog (May 3, 2010) US Supreme Court Rejects Non-Consensual Class Arbitra
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Uncoscionability Case
By Victoria VanBuren - May 4, 2010
[UPDATE:] The U.S. Supreme Court decided Rent-A-Center, West v. Jackson on June 21. Find our commentary here: Rent-A-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy Professor Alan Scott Rau Comments on Rent-A-Center, West Inc. v. Jackson As readers may already know, last week, the U.S. Supreme Court heard arguments on Rent-A-Center, West v. Jackson. The transcript is available here. Question Presented: Is the district cour
U.S. Supreme Court Rules on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 27, 2010
[UPDATE: Read professor Thomas J. Stipanowich’s comments about the case here and professor S.I. Strong’s here.] Today, the U.S. Supreme Court handed down its decision on Stolt-Nielsen v. AnimalFeeds. The Court’s decision may be downloaded here. 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.
Transcript of Oral Arguments on Rent-A-Center West v. Jackson: Arbitration Unconscionability Case
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010 the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson. The transcript is here. Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decisio
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