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Arbitration Award
Dallas COA Dismisses Arbitration Award for Lack of Jurisdiction
September 19, 2013
Texas’ Fifth District Court of Appeals in Dallas has invalidated an arbitration award for lack of jurisdiction. In American...
September 19, 2013
Texas’ Fifth District Court of Appeals in Dallas has invalidated an arbitration award for lack of jurisdiction. In American...
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
August 28, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct. In Bain Cotton Company v. Chesnutt Cotton Company, No. 12-11138, (5th Cir. June 24, 2013), Bain Cotton Company engaged in arbitral proceedings with Chesnutt Cotton Company. During arbitration, an arbitral panel denied a number of Bain’s discovery requests and apparently evidenced partiality...
August 28, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct. In Bain Cotton Company v. Chesnutt Cotton Company, No. 12-11138, (5th Cir. June 24, 2013), Bain Cotton Company engaged in arbitral proceedings with Chesnutt Cotton Company. During arbitration, an arbitral panel denied a number of Bain’s discovery requests and apparently evidenced partiality...
A Summary of Recent Arbitration Confirmation Cases
August 22, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share his summary here: Disagreement Over Result Bailey Brake Farms, Inc. v. Trout, No. 2011-CA-00610 (Miss. S.C. May 23, 2013) (mere disagreement with the result of arbitration is not a ground for vacating an arbitration award) Leeward Constr. Co. v. American Univ. of Antigua College of Medicine, Case No. 12-6280 (USDC...
August 22, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share his summary here: Disagreement Over Result Bailey Brake Farms, Inc. v. Trout, No. 2011-CA-00610 (Miss. S.C. May 23, 2013) (mere disagreement with the result of arbitration is not a ground for vacating an arbitration award) Leeward Constr. Co. v. American Univ. of Antigua College of Medicine, Case No. 12-6280 (USDC...
Texas Courts Like Arbitration – Nationsbuilders Part II
August 12, 2013
Last week we profiled the Nationsbuilders case, an opinion from the Dallas Court of Appeals that touched on a number of post-employment covenant issues. The underlying case was an attempt by a group of defendants to undo an arbitration award entered against them. They were successful with the trial court but reversed by the court of appeals. Last week we discussed the anti-planning provision that was in the agreement between the parties. The arbitrator made the following finding with respect...
August 12, 2013
Last week we profiled the Nationsbuilders case, an opinion from the Dallas Court of Appeals that touched on a number of post-employment covenant issues. The underlying case was an attempt by a group of defendants to undo an arbitration award entered against them. They were successful with the trial court but reversed by the court of appeals. Last week we discussed the anti-planning provision that was in the agreement between the parties. The arbitrator made the following finding with respect...
Trump Wins $5 Million Slander Arbitration Award Against Beauty
August 4, 2013
A beauty queen's claim that the Miss USA Pageant run by Donald Trump was rigged has cost her $5 million in damages for defamation. Southern District Judge J. Paul Oetken on Tuesday upheld an arbitration award against Sheena Monnin, the former Miss Pennsylvania USA 2012 who alleged on Facebook and the "Today" show that the 2012 pageant in Las Vegas had a "script" dictating the final 16 and the top five finishers Oetken also criticized Monnin's attorney, Richard Klineburger, for refusing...
August 4, 2013
A beauty queen's claim that the Miss USA Pageant run by Donald Trump was rigged has cost her $5 million in damages for defamation. Southern District Judge J. Paul Oetken on Tuesday upheld an arbitration award against Sheena Monnin, the former Miss Pennsylvania USA 2012 who alleged on Facebook and the "Today" show that the 2012 pageant in Las Vegas had a "script" dictating the final 16 and the top five finishers Oetken also criticized Monnin's attorney, Richard Klineburger, for refusing...
ARBITRATION ROUND UP
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
Appellate Arbitration Decisions
June 14, 2013
Confirming Award Mandell v. Reeve, No. 11-5238 (2d. Cir. Feb. 4, 2013) (affirming district court’s confirmation of arbitration...
June 14, 2013
Confirming Award Mandell v. Reeve, No. 11-5238 (2d. Cir. Feb. 4, 2013) (affirming district court’s confirmation of arbitration...
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
Small Business Arbitration Part I: Should we Make Arbitration Part of the Deal?
April 25, 2013
Small businesses (including sole proprietors) frequently must negotiate arms-length commercial transactions with their more economically powerful counterparts and, not infrequently, must decide whether to accept an offer to make an arbitration agreement part of the deal. Whether or not to accept that invitation, and, if so, under what terms, may seem like a straightforward question susceptible to an easy answer, and it can be tempting to think that the risks associated with making the wrong choice...
April 25, 2013
Small businesses (including sole proprietors) frequently must negotiate arms-length commercial transactions with their more economically powerful counterparts and, not infrequently, must decide whether to accept an offer to make an arbitration agreement part of the deal. Whether or not to accept that invitation, and, if so, under what terms, may seem like a straightforward question susceptible to an easy answer, and it can be tempting to think that the risks associated with making the wrong choice...
5th Circuit Reverses Vacatur in Perpetual-License Case
April 23, 2013
In another example of how difficult it is to overturn an arbitration award in federal court, the 5th U.S. Circuit Court of Appeals has reversed and remanded a vacatur.
April 23, 2013
In another example of how difficult it is to overturn an arbitration award in federal court, the 5th U.S. Circuit Court of Appeals has reversed and remanded a vacatur.
