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U.S. Supreme Court Denies Certiorari after Texas High Court Overturns $26 Million Arbitral Award

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by Beth Graham

Thursday, May 28, 2015


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The United States Supreme Court has declined to review a Supreme Court of Texas decision overturning a $26 million arbitration award.  In Robert L. Myer, et al. v. Americo Life, Inc., et al., No. 14-774, a divided Texas Supreme Court overturned a unanimous arbitration award after the American Arbitration Association (“AAA”) disqualified one party’s selected arbitrator due to partiality. An earlier Disputing blog post stated:

According to the Texas Supreme Court, the AAA lacked the authority to disqualify the parties’ proposed arbitrators due to alleged bias.  As a result, the court found that the arbitral panel which issued the award was created in a manner that was contrary to the express terms of the parties’ agreement.  Although four justices dissented, the Supreme Court of Texas ultimately reversed the Fifth District’s decision and vacated the arbitration award.

In Myer’s petition for certiorari, he alleged the Supreme Court of Texas was not appropriately deferential to the AAA. As a result, the petitioner asked the nation’s high court to consider:

Whether a court reviewing an arbitral award under the FAA should deferentially review the arbitral body’s interpretation and application of the parties’ agreement regarding the selection and qualification of an arbitration panel, or should instead decide such matters de novo.

On May 18th, the U.S. Supreme Court denied Myer’s petition without comment.

Photo credit: Mark Fischer / Foter / CC BY-SA

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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