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All articles tagged '"United States"'
84 articles found
Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements
By Beth Graham - November 23, 2016
A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
International Implications of the Will as an Implied Unilateral Arbitration Contract
By Beth Graham - September 22, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International Implications of the Will as an Implied Unilateral Arbitration Contract,” 68 Florida Law Review Forum, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-21.
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
The Politics of Arbitration Law and Centrist Proposals for Reform
By Beth Graham - June 27, 2016
Stephen J. Ware, Professor of Law at the University of Kansas School of Law, has published “The Politics of Arbitration Law and Centrist Proposals for Reform,” Harvard Journal on Legislation, Vol. 53, No. 2, 2016.
U.S. Department of Education Seeks to Constrain Use of Mandatory Arbitration Provisions by For-Profit Colleges
By Beth Graham - April 1, 2016
The United States Department of Education recently proposed to adopt measures designed to constrain the use of mandatory arbitration provisions by for-profit colleges that receive federal student aid.
Introducing KolarBayer – Legal Counsel for Small Business
By Karl Bayer - March 11, 2016
Meet KolarBayer, our new firm dedicated to providing legal counsel for small business at fair value.
Realizing Rationality: An Empirical Assessment of International Commercial Mediation
By Beth Graham - March 8, 2016
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has written an interesting research paper entitled, “Realizing Rationality: An Empirical Assessment of International Commercial Mediation,” Washington and Lee Law Review, 2016 (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2016-07.
Start-Ups in Austin and Elsewhere Should Consider Utilizing International Arbitral Procedures to Resolve Cross-Border Disputes
By Beth Graham - February 25, 2016
Many new businesses understand that domestic arbitral proceedings may save the company both time and money in the event of a legal dispute.
U.S. Supreme Court Declines to Review Challenge to Texas High Court’s Order in Nursing Home Dispute
By Beth Graham - January 12, 2016
Yesterday, the Supreme Court of the United States declined to review a challenge to a 2015 Texas Supreme Court ruling which held that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
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