Menu
Blog Archives
U.S. & International Arbitration 2013
April 23, 2013
Four times in the past 15 months the Supreme Court has struck down lower court attempts to limit the impact of the Federal Arbitration Act (FAA) by allowing recourse to the courts — on three of those occasions issuing per curiam orders vacating state court decisions for ignoring Supreme Court precedent. Nitro-Lift Techs. v. Howard, 133 S. Ct. 500 (2012) (Oklahoma); Marmet Health Care Ctr. v. Brown, 132 S. Ct. 1201 (2012) (West Virginia); KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (Florida);...
April 23, 2013
Four times in the past 15 months the Supreme Court has struck down lower court attempts to limit the impact of the Federal Arbitration Act (FAA) by allowing recourse to the courts — on three of those occasions issuing per curiam orders vacating state court decisions for ignoring Supreme Court precedent. Nitro-Lift Techs. v. Howard, 133 S. Ct. 500 (2012) (Oklahoma); Marmet Health Care Ctr. v. Brown, 132 S. Ct. 1201 (2012) (West Virginia); KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (Florida);...
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
April 23, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employment agreement contained a clause that required...
April 23, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employment agreement contained a clause that required...
SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
Law Enforcement Requests Report from Microsoft
April 22, 2013
World-wide law enforcement agencies requested information regarding 137,424 Microsoft and Skype accounts in 2012 based 75,378 requests for customer information. Microsoft’s General Counsel Brad Smith blogged that the Microsoft’s first Law Enforcement Report includes customer requests for: Skype, Hotmail, Outlook.com, SkyDrive, Xbox LIVE, Microsoft Account, and Office 365. In an effort of transparency the Report disclosed that approximately 79.8% of requests to Microsoft resulted in the disclosure...
April 22, 2013
World-wide law enforcement agencies requested information regarding 137,424 Microsoft and Skype accounts in 2012 based 75,378 requests for customer information. Microsoft’s General Counsel Brad Smith blogged that the Microsoft’s first Law Enforcement Report includes customer requests for: Skype, Hotmail, Outlook.com, SkyDrive, Xbox LIVE, Microsoft Account, and Office 365. In an effort of transparency the Report disclosed that approximately 79.8% of requests to Microsoft resulted in the disclosure...
Internet Ranting and the Myth of Catharsis
April 22, 2013
The idea that “venting” anger has a beneficial cathartic effect is well entrenched in modern culture. Belief in the value of venting has manifested in the online world in the form of “rant” sites (e.g. Rant Rampage) where people not only get to freely express their vitriol, they can also read and comment on rants left by other venters. However, decades of research have shown that venting, far from releasing anger, actually makes it worse. Not surprisingly, a recent study has shown that online...
April 22, 2013
The idea that “venting” anger has a beneficial cathartic effect is well entrenched in modern culture. Belief in the value of venting has manifested in the online world in the form of “rant” sites (e.g. Rant Rampage) where people not only get to freely express their vitriol, they can also read and comment on rants left by other venters. However, decades of research have shown that venting, far from releasing anger, actually makes it worse. Not surprisingly, a recent study has shown that online...
Arbitration Update
April 22, 2013
In this edition, we cover new arbitration issues recently decided by the United States Court of Appeals for the Fifth Circuit,...
April 22, 2013
In this edition, we cover new arbitration issues recently decided by the United States Court of Appeals for the Fifth Circuit,...
Picture It Settled® at Section of Litigation Annual CLE Conference
April 22, 2013
Picture It Settled® will be on display at the ABA Section of Litigation CLE Conference in Chicago this week. For more information...
April 22, 2013
Picture It Settled® will be on display at the ABA Section of Litigation CLE Conference in Chicago this week. For more information...
The 2013 Texas Legislative Session “Half-Time” Report
April 22, 2013
Every two years, the Texas Legislature convenes for approximately five months. The 83rd legislative general session was gaveled to a start at noon on Tuesday, January 8, 2013, and the 140 day clock is now running. The last day to file legislation was March 8, 2013. It has been estimated that about 6,000 bills were introduced during the current session — some 4,000 in the House and 2,000 in the Senate. The enactment rate for new legislation is generally under 10 percent. The Texas Attorney-Mediators...
April 22, 2013
Every two years, the Texas Legislature convenes for approximately five months. The 83rd legislative general session was gaveled to a start at noon on Tuesday, January 8, 2013, and the 140 day clock is now running. The last day to file legislation was March 8, 2013. It has been estimated that about 6,000 bills were introduced during the current session — some 4,000 in the House and 2,000 in the Senate. The enactment rate for new legislation is generally under 10 percent. The Texas Attorney-Mediators...
Class Arbitration on the Ropes Again
April 22, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument regarding the case was held on Monday, March...
April 22, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument regarding the case was held on Monday, March...
Legal informatics papers at We Robot 2013 Conference
April 21, 2013
Some legal informatics papers or panels are included in the program for the 2013 We Robot Conference, to be held 8-9 April 2013 at Stanford Law School, in Stanford, California, USA: Panel: Law as Algorithm Speakers: Peter Asaro, Lisa Shay, Woodrow Hartzog Moderator: Harry Surden Related Papers: On Implicit and Explicit Legal Requirements for Human Judgment Do Robots Dream of Electric Laws? An Experiment in Law as Algorithm Panel: Designing Values Speakers: Ergun Calisgan, AJung Moon, Aneta...
April 21, 2013
Some legal informatics papers or panels are included in the program for the 2013 We Robot Conference, to be held 8-9 April 2013 at Stanford Law School, in Stanford, California, USA: Panel: Law as Algorithm Speakers: Peter Asaro, Lisa Shay, Woodrow Hartzog Moderator: Harry Surden Related Papers: On Implicit and Explicit Legal Requirements for Human Judgment Do Robots Dream of Electric Laws? An Experiment in Law as Algorithm Panel: Designing Values Speakers: Ergun Calisgan, AJung Moon, Aneta...
