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All articles tagged '"United States Supreme Court"'
81 articles found
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
By Beth Graham - June 24, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment contracts appears increasingly likely to be reviewed by the United States Supreme Court in the near future.
How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down
By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.
Supreme Court of Texas Asked to Vacate Arbitrator’s $3M Legal Fees Award
By Beth Graham - March 28, 2016
The Texas Supreme Court is currently considering a petition for review in a unique case involving arbitration. Three years ago, a business filed a motion seeking to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm in Dallas County.
BG Group and ‘Conditions’ to Arbitral Jurisdiction
By Beth Graham - March 2, 2016
rofessor Alan Scott Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, and Professor Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University, have published “BG Group and 'Conditions' to Arbitral Jurisdiction,” Pepperdine Law Review, Forthcoming; KBH Energy Center Research Paper No. 2016-4.
NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA
By Beth Graham - February 2, 2016
In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.
Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable
By Beth Graham - September 25, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.
Employment Arbitration After the Revolution
By Beth Graham - August 4, 2015
Professors David Horton and Andrea Cann Chandrasekher, University of California, Davis School of Law, have published “Employment Arbitration after the Revolution,” DePaul Law Review, Vol. 65, 2016, Forthcoming.
The End of Class Actions?
By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
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