Karl Bayer's Disputing Blog » US Supreme Court

New Arbitration Petition Before the U.S. Supreme Court

By Victoria VanBuren - June 21, 2010

[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion. In Zurich American Insurance Company v. Pioneer

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

U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case

By Victoria VanBuren - June 16, 2009

As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act. You can find background about this important case followin

Arbitration of Discrimination Claims: First Post-Pyett Case

By Victoria VanBuren - May 21, 2009

As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D

U.S. Supreme Court Rules on Vaden v. Discover Bank

By Victoria VanBuren - March 19, 2009

Last week we blogged about the U.S. Supreme Court ruling on Vaden V. Discover Bank, No. 07-773, (U.S. Mar. 9, 2009). Justice Ginsburg delivered the opinion of the Court, joined by Scalia, Kennedy, Souter, and Thomas. Chief Justice Roberts concurred in part and dissented in part and was joined by Stevens, Breyer, and Alito. Here is a summary of the case. Discover Bank sued cardholder Vaden in Maryland state court to recover past due charges ($10,6

U.S. Supreme Court Rules on Federal Courts’ Arbitration Jurisdiction

By Victoria VanBuren - March 10, 2009

Yesterday, the U.S. Supreme Court decided Vaden v. Discover Bank (No. 07-773) 556 U.S. __ (2009). Interpreting section 4 of the FAA, the Court held that the federal court had no jurisdiction to compel arbitration because the underlying dispute arose under state law and the whole controversy did not qualify for federal-court adjudication. Special thanks to our friend Ross Runkel for bringing this important case to our attention. Visit here profess