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All articles tagged '"unconscionability"'
38 articles found
Dallas Court of Appeals Compels Arbitration in Attorney-Client Dispute
By Beth Graham - November 17, 2010
The Dallas Court of Appeals has overturned a district court’s refusal to compel arbitration in two related attorney-client dispute cases. In BDO Seidman, LLP v. J.A. Green Development Corp., 05-09-01520-CV (Tex. App. – Dallas, Nov. 9, 2010) and Sidley Austin Brown & Wood, LLP v. J.A. Green Development Corp., 05-10-0008-CV (Tex. App. – Dallas Nov. 9, 2010), real estate development company Green sought tax advice from BDO Seidman and Sidley Aus
Supreme Court Hears Arguments in AT&T Mobility LLC v. Concepcion
By Beth Graham - November 10, 2010
The United States Supreme Court heard oral arguments Tuesday in AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit. AT&T concerns the applicability of state law unconscionability defenses to class arbitration exclusion clauses in consumer arbitration agreements. In the case, Vincent and Liza Concepcion sued AT&T in California over a charge of approximately $30 in connection with purchasing a ce
Eastern District of Texas Rules on Arbitration of Credit Accounts
By Beth Graham - October 11, 2010
According to the Eastern District of Texas, a change-of-terms provision in a credit card agreement does not defeat the parties’ mutual obligation to arbitrate. In Wynne v. American Express Co., 2:09-CV-00260-TJW, (5th Cir. Sept. 30, 2010), Todd Wynne brought deceptive trade practices, negligent misrepresentation and fraud claims against American Express (Amex), which alleged Amex’s representations regarding its “no pre-set spending limits”
Fifth Circuit Rules Arbitrability Question is for Arbitrator to Decide Where Parties Clearly Intended So
By Beth Graham - September 9, 2010
The Fifth Circuit has held that the question of arbitrability is for an arbitrator to decide where an arbitration agreement exists between the parties and they clearly intended for the issue to be arbitrated based on the wording of the arbitration provision. In Allen v. Regions Bank, No. 09-60705, (5th Cir., August 11, 2010), plaintiffs (the Allens) obtained a home equity loan from First American National Bank in October 1999. The bank withheld f
Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often
By Victoria VanBuren - September 2, 2010
We invite you to read Donald R. Philbin, Jr. and Audrey Lynn Maness‘ latest Fifth Circuit law review article, Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010). Here is an excerpt: Arbitration remains under national klieg lights. It has “become a wide-ranging surrogate for civil litigation” in a wider variety of contracts than at any time in our nation?s history. This increased use has reveal
GUEST-POST | Professor Alan Scott Rau Comments on Rent-A-Center, West, Inc. v. Jackson
By Victoria VanBuren - June 22, 2010
By Alan Scott Rau One really needs a few days to absorb the importance of cases like this—I know instant punditry is increasingly de rigueur, but I’m quite uneasy with it. Anyway, with that caveat, one could say the following: The doctrinal importance of the case seems swamped by the overwhelming reality that arbitration, at least in adhesion contracts, has become something of a political football: Apparently “to decide that cla
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.
GUEST-POST | Texas Supreme Court Compels Arbitration in Slip and Fall at Hospice
By Victoria VanBuren - May 10, 2010
By Glen M. Wilkerson Last Friday, the Texas Supreme Court handed down another arbitration case in In Re Odyssey Healthcare. P worked at hospice. She had employment agreement with non-subscriber (no worker’s compensation) that included an arbitration provision. She slipped at the home of a patient. P lived and accident occurred in El Paso. The Arbitration language provided: Panel of arbitrators would be from Dallas County. The Court compelle
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
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
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