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Arbitration
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...
Second Circuit Enforces Class Waiver in Arbitration Clause Following American Express
August 9, 2013
CONCLUSION To summarize, we hold that: (1) The Fair Labor Standards Act of 1938 does not include a “contrary congressional command” that prevents a class-action waiver provision in an arbitration agreement from being enforced by its terms; and (2) In light of the Supreme Court’s recent decision in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), Sutherland’s argument that proceeding individually in arbitration would be “prohibitively expensive” is not a sufficient...
August 9, 2013
CONCLUSION To summarize, we hold that: (1) The Fair Labor Standards Act of 1938 does not include a “contrary congressional command” that prevents a class-action waiver provision in an arbitration agreement from being enforced by its terms; and (2) In light of the Supreme Court’s recent decision in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), Sutherland’s argument that proceeding individually in arbitration would be “prohibitively expensive” is not a sufficient...
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...
Emergence and Dynamism in International Organizations
August 2, 2013
Sergio Puig, Lecturer in Law and Teaching Fellow at the Stanford Program in International Legal Studies, has published Emergence and Dynamism in International Organizations: ICSID, Investor-State Arbitration, and International Investment Law, 44 Georgetown Journal of International Law 531 (2013). In his article, Mr. Puig discusses the nearly fifty-year history of the International Centre for Settlement of Investment Disputes(ICSID). Here is the abstract: Near the fiftieth anniversary of ICSID,...
August 2, 2013
Sergio Puig, Lecturer in Law and Teaching Fellow at the Stanford Program in International Legal Studies, has published Emergence and Dynamism in International Organizations: ICSID, Investor-State Arbitration, and International Investment Law, 44 Georgetown Journal of International Law 531 (2013). In his article, Mr. Puig discusses the nearly fifty-year history of the International Centre for Settlement of Investment Disputes(ICSID). Here is the abstract: Near the fiftieth anniversary of ICSID,...
Call for Papers – Forced Arbitration in the Workplace
August 2, 2013
Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————– Forced Arbitration In The Workplace: A Symposium About the Symposium The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to...
August 2, 2013
Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————– Forced Arbitration In The Workplace: A Symposium About the Symposium The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to...
Res Judicata Barred Claims Resolved in Arbitration
August 2, 2013
In a longstanding dispute arising out of an oil development venture, an intermediary seeking additional profits appealed to the Fifth Circuit after the lower court dismissed the intermediary’s RICO claims that had been previously resolved in arbitration. The arbitration award had rejected the intermediary’s claims based on alleged bribes that associated oil companies allegedly paid to foreign officials. Finding that res judicata barred the intermediary’s claims, the Fifth Circuit rejected the intermediary’s...
August 2, 2013
In a longstanding dispute arising out of an oil development venture, an intermediary seeking additional profits appealed to the Fifth Circuit after the lower court dismissed the intermediary’s RICO claims that had been previously resolved in arbitration. The arbitration award had rejected the intermediary’s claims based on alleged bribes that associated oil companies allegedly paid to foreign officials. Finding that res judicata barred the intermediary’s claims, the Fifth Circuit rejected the intermediary’s...
Online Arbitration Round-Up
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
When Should You Choose JAMS, AAA or CPR Rules?
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
California Court Upholds Arbitration Provision Invoked by Non-Signatory
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
