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Arbitration
D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California
March 13, 2014
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc....
March 13, 2014
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc....
An Update on Class Action Arbitration Waivers
March 12, 2014
There has been a great deal of litigation over the past couple of years regarding the validity of class action arbitration waivers. In a Special Focus article, Re-Revisiting AT&T v. Concepcion: Yes, We Hear You Now (Mostly), John Pitblado provides an update on some of the most recent appellate cases in this area. * * * Approaching its third anniversary, the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011)...
March 12, 2014
There has been a great deal of litigation over the past couple of years regarding the validity of class action arbitration waivers. In a Special Focus article, Re-Revisiting AT&T v. Concepcion: Yes, We Hear You Now (Mostly), John Pitblado provides an update on some of the most recent appellate cases in this area. * * * Approaching its third anniversary, the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011)...
Second Circuit Vacates Denial of CitiBank’s Motion to Compel Arbitration
March 10, 2014
On appeal from the S.D.N.Y., Citibank challenged the district court’s denial of Citibank’s motion to compel arbitration and decision that the agreement to arbitrate was not binding on the parties. The S.D.N.Y. concluded that Signature Cards signed by appellees when opening their accounts with Citibank did not incorporate by reference the Client Manual, which contains the arbitration agreement. The Second Circuit vacated the district court judgment and remanded for further proceedings because...
March 10, 2014
On appeal from the S.D.N.Y., Citibank challenged the district court’s denial of Citibank’s motion to compel arbitration and decision that the agreement to arbitrate was not binding on the parties. The S.D.N.Y. concluded that Signature Cards signed by appellees when opening their accounts with Citibank did not incorporate by reference the Client Manual, which contains the arbitration agreement. The Second Circuit vacated the district court judgment and remanded for further proceedings because...
West Virginia Supreme Court Supplies Guidance on Compelling Consumer Arbitration
March 7, 2014
In the ongoing dialectic between West Virginia’s high court and the U.S. Supreme Court (e.g., Marmet Health Care Center...
March 7, 2014
In the ongoing dialectic between West Virginia’s high court and the U.S. Supreme Court (e.g., Marmet Health Care Center...
Texas’ First COA Refuses to Compel Arbitration in Second Lawsuit Regarding Houston Aeronautical Heritage Society Governance
March 7, 2014
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...
March 7, 2014
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...
Other Structural Aspects of Pre-Dispute Arbitration Agreements—What am I Agreeing to Arbitrate?
March 6, 2014
In the last installment of our B-2-B Arbitration series we focused on one of the most important structural aspects of pre-dispute arbitration agreements: the mutual promise to submit disputes to arbitration, what it means and how its performance by the parties through their post-dispute submission defines and delimits the scope of authority parties actually delegate—as opposed topromise to delegate—to arbitrators to resolve particular disputes. But there are other important structural aspects...
March 6, 2014
In the last installment of our B-2-B Arbitration series we focused on one of the most important structural aspects of pre-dispute arbitration agreements: the mutual promise to submit disputes to arbitration, what it means and how its performance by the parties through their post-dispute submission defines and delimits the scope of authority parties actually delegate—as opposed topromise to delegate—to arbitrators to resolve particular disputes. But there are other important structural aspects...
Use of Planned Early Dispute Resolution
March 4, 2014
Mediations sought by claimants in disputes with insurers before Ontario’s insurance regulator, the Financial Services Commission...
March 4, 2014
Mediations sought by claimants in disputes with insurers before Ontario’s insurance regulator, the Financial Services Commission...
Miami Shines as International Arbitration Hot Spot
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
Ex-MasterCard GC to Lead ADR Group
March 3, 2014
A top in-house lawyer getting a new job: priceless. Noah Hanft, currently the general counsel and chief franchise officer...
March 3, 2014
A top in-house lawyer getting a new job: priceless. Noah Hanft, currently the general counsel and chief franchise officer...
Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
