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Arbitration
Fifth Circuit Vacates Northern District of Texas Order Compelling Arbitration
December 28, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. In Forby v. One Technologies, L.P., et al., No. 17-10883 (5th Cir., November 28, 2018), a customer, Forby, filed a putative class action lawsuit against a company, One Technologies (“One Tech”), in an Illinois state court. In her complaint, Forby asserted that One Tech violated the Illinois...
December 28, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. In Forby v. One Technologies, L.P., et al., No. 17-10883 (5th Cir., November 28, 2018), a customer, Forby, filed a putative class action lawsuit against a company, One Technologies (“One Tech”), in an Illinois state court. In her complaint, Forby asserted that One Tech violated the Illinois...
Ram on Arbitration & Contract Interpretation
December 27, 2018
Alan Scott Rau (University of Texas at Austin - School of Law; University of Texas at Austin - Kay Bailey Hutchison Center...
December 27, 2018
Alan Scott Rau (University of Texas at Austin - School of Law; University of Texas at Austin - Kay Bailey Hutchison Center...
Kirkland & Ellis Drops Mandatory Arbitration For Associates Amid Law Student Boycott
December 26, 2018
Following up on last week's post, Harvard Law Students Launch Campaign To #DumpKirkland Over Mandatory Arbitration Agreements...
December 26, 2018
Following up on last week's post, Harvard Law Students Launch Campaign To #DumpKirkland Over Mandatory Arbitration Agreements...
Jay-Z Withdraws Motion for Preliminary Injunction After AAA Pledges to Diversify Arbitrator Roster
December 24, 2018
Hip-hop musician Jay-Z has formally withdrawn his request for a preliminary injunction and stay of arbitration...
December 24, 2018
Hip-hop musician Jay-Z has formally withdrawn his request for a preliminary injunction and stay of arbitration...
S.D. Texas Orders Independent Contractor’s Lawsuit Filed Against Nonsignatory to Arbitration
December 21, 2018
The Southern District of Texas has ordered a proposed class action lawsuit that was filed over an organization’s alleged violations of the Fair Labor Standards Act (“FLSA”) to arbitration. In Randle v. Metropolitan Transit Authority of Harris County, No. H-18-1770 (S.D. Tex., Oct. 1, 2018), a Texas man, Randle, signed a series of independent contractor agreements to lease equipment from and drive for Yellow Cab Paratransit Services (“Yellow Cab”). Each of the independent contractor...
December 21, 2018
The Southern District of Texas has ordered a proposed class action lawsuit that was filed over an organization’s alleged violations of the Fair Labor Standards Act (“FLSA”) to arbitration. In Randle v. Metropolitan Transit Authority of Harris County, No. H-18-1770 (S.D. Tex., Oct. 1, 2018), a Texas man, Randle, signed a series of independent contractor agreements to lease equipment from and drive for Yellow Cab Paratransit Services (“Yellow Cab”). Each of the independent contractor...
When Is Arbitral Jurisdiction Over Non-Signatories Delegated To the Tribunal?
December 20, 2018
At a recent gathering of arbitration lawyers that I attended, the leader of a seminar concerning the arbitration rights and duties of non-signatories asked if anyone in the audience disagreed with the proposition that under US arbitration law it is for the courts not arbitrators to decide whether and when a non-signatory may or must arbitrate. Not being totally at ease with the stated categorical proposition, I ventured the comment that the delegation of arbitrability issues to arbitrators pursuant...
December 20, 2018
At a recent gathering of arbitration lawyers that I attended, the leader of a seminar concerning the arbitration rights and duties of non-signatories asked if anyone in the audience disagreed with the proposition that under US arbitration law it is for the courts not arbitrators to decide whether and when a non-signatory may or must arbitrate. Not being totally at ease with the stated categorical proposition, I ventured the comment that the delegation of arbitrability issues to arbitrators pursuant...
Dallas COA Rules No Right to Interlocutory Judicial Review of Arbitration Panel’s Order
December 19, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act(“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal. In SM Architects, PLLC v. AMX Veteran Specialty Services, LLC, No. 05-17-01064-CV (Tex. App. – Dallas, November 8, 2018), a company, AMX Veteran Specialty Services (“AMX”),...
December 19, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act(“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal. In SM Architects, PLLC v. AMX Veteran Specialty Services, LLC, No. 05-17-01064-CV (Tex. App. – Dallas, November 8, 2018), a company, AMX Veteran Specialty Services (“AMX”),...
Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction
December 18, 2018
An interesting article focused on the arbitration of construction disputes was recently published by Dean B. Thomson and Jesse R. Orman, shareholders in the Construction Law Department of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis. The article, titled “Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction,” (Journal of the ACCL, Vol. 12, No. 2, Summer 2018 Edition), is based on a survey that included...
December 18, 2018
An interesting article focused on the arbitration of construction disputes was recently published by Dean B. Thomson and Jesse R. Orman, shareholders in the Construction Law Department of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis. The article, titled “Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction,” (Journal of the ACCL, Vol. 12, No. 2, Summer 2018 Edition), is based on a survey that included...
Companies Fold As Employees Push Back On Forced Arbitration
December 17, 2018
First Google had a bunch of employees walk out to protest sexual harassment arbitration, and it rescinded its arbitration policy. Now other companies are following as employees push back. Facebook, Microsoft, Uber, Square, Airbnb and eBay have all rescinded or said they will rescind their forced arbitration agreements for sexual harassment claims. It isn't just tech firms that are getting pressure from employees. When Harvard law students threatened to boycott law firm Kirkland...
December 17, 2018
First Google had a bunch of employees walk out to protest sexual harassment arbitration, and it rescinded its arbitration policy. Now other companies are following as employees push back. Facebook, Microsoft, Uber, Square, Airbnb and eBay have all rescinded or said they will rescind their forced arbitration agreements for sexual harassment claims. It isn't just tech firms that are getting pressure from employees. When Harvard law students threatened to boycott law firm Kirkland...
Empirical SCOTUS: Differences Between Judges In Arbitration Case
December 14, 2018
Take for example Epic Systems v. Lewis, argued on the first day of oral arguments for the 2017 term. The flow of this case started in the U.S. District Court for the Western District of Wisconsin, where Judge Barbara Brandriff Crabb, a Democratic appointee, denied Epic System’s motion to compel arbitration. The U.S. Court of Appeals for the 7th Circuit panel — comprised of Judges Diane Wood (Democratic appointee), Ilana Rovner (Republican appointee), and John Robert Blakey (Democratic...
December 14, 2018
Take for example Epic Systems v. Lewis, argued on the first day of oral arguments for the 2017 term. The flow of this case started in the U.S. District Court for the Western District of Wisconsin, where Judge Barbara Brandriff Crabb, a Democratic appointee, denied Epic System’s motion to compel arbitration. The U.S. Court of Appeals for the 7th Circuit panel — comprised of Judges Diane Wood (Democratic appointee), Ilana Rovner (Republican appointee), and John Robert Blakey (Democratic...
