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All articles tagged '"U.S. Supreme Court"'
70 articles found
U.S. Supreme Court to Hear Arguments in Arbitration Unconscionability Case: Rent-A-Center v. Jackson
By Victoria VanBuren - April 22, 2010
Oral arguments in Rent-A-Center West v. Jackson, a case that we have been following on this blog, are scheduled at the U.S. Supreme Court on Monday, April 26. Here are some relevant details: 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
Arbitration Unconscionability Case: New Amicus Curiae Brief
By Victoria VanBuren - April 6, 2010
On March 31, a new amicus brief has been filed with the U.S. Supreme Court on the case Rent-A-Center, West v. Jackson, Docket No. 09-497 (read our previous post here). The case is scheduled to be argued on April 26. The new brief filed by professional arbitrators and arbitration scholars in support of the respondent, argues that the question of whether an arbitration agreement is unconscionable should be decided by a court, not an arbitrator. Lin
Recent Developments in Arbitration Unconscionability
By Victoria VanBuren - March 30, 2010
As the U.S. Supreme Court prepares to decide Rent-A-Center v. Jackson, we thought that you might find interesting to read the following blog posts and articles relating to the issue of arbitration unconscionability: Who gets to Decide Unconscionability?, Andrea Schneider, ADR Prof Blog (March 4, 2010) Thankful for Unanswered Prayers? Unconscionability Equilibrium, Don Philbin, Alternative Resolutions Newsletter, page 30 (Winter 2010) Unconscionab
Jones v. Halliburton: Halliburton and KBR Withdraw U.S. Supreme Court Appeal
By Victoria VanBuren - March 24, 2010
The Houston Chronicle reports on Halliburton and KBR’s appeal of the recent Fifth Circuit decision in Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009) : Halliburton, KBR drop court appeal in rape case By RAMIT PLUSHNICK-MASTI Associated Press Writer © 2010 The Associated Press March 22, 2010, 5:09PM HOUSTON — Halliburton Co. and KBR Inc. have withdrawn an appeal asking the U.S. Supreme Court to block a lawsuit by a former military contrac
Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care
By Victoria VanBuren - February 23, 2010
Aaron Bruhl (pictured left) Professor at the University of Houston Law Center, has posted this interesting commentary at the Prawfsblawg yesterday about Rent-A-Center v. Jackson, the upcoming U.S. Supreme Court case about whether courts or arbitrators should decide the issue of unconscionability. (previously discussed here). Here is an excerpt: The Federal Arbitration Act makes arbitration agreements as enforceable as all other contracts. In Apri
2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
U.S. Supreme Court Decides Railway Labor Act Arbitration Case
By Victoria VanBuren - December 10, 2009
As we were ready to wrap-up the year, the U.S. Supreme Court decides yet another arbitration case. In Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), the issue before the Court was whether pre-arbitration conference was a jurisdictional requirement. We will post a summary of the case after we read it and it will be added to our 2009 Year-End post as well.
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
Alternative Resolutions Article: Third Party Claims Regarding Arbitration
By Victoria VanBuren - August 19, 2009
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te
U.S. Supreme Court Vacates Sixth Circuit Decision that Nonsignatories May not Enforce Arbitration Agreement
By Victoria VanBuren - July 7, 2009
Looks like the U.S. Supreme Court can’t have enough of arbitration this term. As posted at the Adjunct Law Prof, the Court vacated and remanded Kimberlin v Renasant Bank (Dkt No 08-816). The issue decided by the U.S. Court of Appeals for the Sixth Circuit was whether non-parties to an arbitration agreement can invoke Section 3 of the Federal Arbitration Act and compel arbitration. The U.S. Supreme Court decided this issue recently in Arthur
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