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All articles tagged '"unconscionability"'
38 articles found
Fort Worth COA Rules Church Must Arbitrate Claims Against Roofing Materials Manufacturer
By Beth Graham - August 30, 2017
Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration.
The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
By Beth Graham - March 8, 2017
James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017).
Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law
By Beth Graham - July 12, 2016
David S. Schwartz, Foley & Lardner Bascom Professor of Law at the University of Wisconsin Law School, has published “Justice Scalia's Jiggery-Pokery in Federal Arbitration Law,” Minnesota Law Review, Vol. 101, Headnotes 75 (2016); Univ. of Wisconsin Legal Studies Research Paper No. 1387.
Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count
By Beth Graham - May 11, 2016
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at Moritz College of Law, has published “Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count,” Alabama Law Review, Forthcoming; Ohio State Public Law Working Paper No. 344.
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
Amarillo COA Overturns Order Holding Arbitration Provision is Unconscionable in Cotton Marketing Pool Dispute
By Beth Graham - March 6, 2015
Texas’ Seventh District Court of Appeals in Amarillo has overturned a Cochran County court’s order refusing to compel a cotton-marketing dispute to arbitration. In Ecom USA, Inc. v. Clark, No. 07-14-00240-CV (February 25, 2015), a group of cotton farmers agreed to deliver any crops grown in 2010 and 2011 to a marketing pool that was owned and administered by Ecom USA, Inc.
Corpus Christi COA Holds Arbitration Agreement Was Not Unconscionable in Construction Dispute
By Beth Graham - January 9, 2015
In Valli Construction, Inc. v. Alvites Concrete Services, No. 13-13-00295-CV (Tex. App – Corpus Christi, December 30, 2014), a Chevrolet dealership hired a general contractor, Valli, to build a structure for the company. Valli then hired two local subcontractors to complete concrete and plumbing work on the project.
El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable
By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.
What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements
By Beth Graham - July 24, 2014
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014.
The Future of Class Arbitration Part II
By Renee Kolar - April 1, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.
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