On appeal, the plaintiffs asserted that their claims fall within the scope of the arbitration agreement included in the HAHS bylaws. According to the appeals court, however, the plaintiffs’ argument was irrelevant as their actions waived any right they may have had to engage in arbitration. The court stated despite that both Texas and federal law favor arbitration and there is a strong presumption against any waiver of the right to engage in arbitration, a party’s conduct may demonstrate...
BP Plc (BP/)’s $9.2 billion partial settlement over the 2010 Gulf of Mexico oil spill was upheld by an appeals court over the company’s protest that the deal wasn’t valid unless a claims-payment dispute was resolved in its favor.
The U.S. Court of Appeals in New Orleans yesterday also upheld a lower-court judge’s certification of the settling plaintiffs as a class and rejected arguments that the agreement couldn’t be approved because it inconsistently compensated victims with the same...
