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Arbitration
Reflections on the Deformation of Federal Procedure
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
May 13, 2013
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
May 10, 2013
Ronald Aronovsky, Professor of Law at Southwestern Law School has published an interesting law review article entitled, The Supreme Court and the Future of Arbitration: Towards a Preemptive Federal Arbitration Procedural Paradigm?, 42 Southwestern Law Review, Number 1, Spring 2013. In his article, Professor Aronovsky examines a number of recent Supreme Court decisions related to the preemptive power of the Federal Arbitration Act. Here is a portion of the introduction: Adopted by Congress...
May 10, 2013
Ronald Aronovsky, Professor of Law at Southwestern Law School has published an interesting law review article entitled, The Supreme Court and the Future of Arbitration: Towards a Preemptive Federal Arbitration Procedural Paradigm?, 42 Southwestern Law Review, Number 1, Spring 2013. In his article, Professor Aronovsky examines a number of recent Supreme Court decisions related to the preemptive power of the Federal Arbitration Act. Here is a portion of the introduction: Adopted by Congress...
Texas Supreme Court Upholds Arbitration Agreement in Trust
May 10, 2013
Stacie Strong: The Supreme Court of Texas upheld an arbitration provision in an inter vivos trust. This is the first state...
May 10, 2013
Stacie Strong: The Supreme Court of Texas upheld an arbitration provision in an inter vivos trust. This is the first state...
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
May 9, 2013
Houston’s First District Court of Appeals has denied a company’s petition for a writ of mandamus after it failed to file...
May 9, 2013
Houston’s First District Court of Appeals has denied a company’s petition for a writ of mandamus after it failed to file...
Houston Appeals Court Compels Gas Delivery Dispute to Arbitration
May 9, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite...
May 9, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite...
Arbitration Fairness Act Reintroduced
May 7, 2013
WASHINGTON, D.C. — Today, U.S. Rep. Hank Johnson (D-GA) announced the re-introduction of legislation that would restore consumers’ rights to seek justice through the courts. The Arbitration Fairness Act (H.R. 1844) would eliminate forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to choose arbitration after a dispute occurred. “Forced arbitration clauses undermine our indelible Constitutional right to take our disputes to court,”...
May 7, 2013
WASHINGTON, D.C. — Today, U.S. Rep. Hank Johnson (D-GA) announced the re-introduction of legislation that would restore consumers’ rights to seek justice through the courts. The Arbitration Fairness Act (H.R. 1844) would eliminate forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to choose arbitration after a dispute occurred. “Forced arbitration clauses undermine our indelible Constitutional right to take our disputes to court,”...
Standardizing Efficiencies in Business Litigation
May 7, 2013
The past 20 years have transformed business litigation. We have witnessed a perfect storm of expanding legal issues, contracting budgets, and clogging dockets. The deluge of discovery issues involving digital devices and social media threatens to overwhelm the system. Attorneys and the courts have been asked to do more with less, and they have struggled to keep up. Reactive adjustments to these challenges have come in fits and starts, including rule changes, court experiments, and various pilot projects....
May 7, 2013
The past 20 years have transformed business litigation. We have witnessed a perfect storm of expanding legal issues, contracting budgets, and clogging dockets. The deluge of discovery issues involving digital devices and social media threatens to overwhelm the system. Attorneys and the courts have been asked to do more with less, and they have struggled to keep up. Reactive adjustments to these challenges have come in fits and starts, including rule changes, court experiments, and various pilot projects....
Just Arbitrate Already
May 6, 2013
Two recent decisions from the U.S. Court of Appeals for the Eighth Circuit show how hard it is for parties to invalidate arbitration agreements. The decisions in M.A. Mortenson Co. v. Saunders Concrete Co., Inc. and Owen v. Bristol Care demonstrate that it will either take an obvious defect in an arbitration clause or a special command from Congress before courts will limit the enforceability of arbitration agreements.
May 6, 2013
Two recent decisions from the U.S. Court of Appeals for the Eighth Circuit show how hard it is for parties to invalidate arbitration agreements. The decisions in M.A. Mortenson Co. v. Saunders Concrete Co., Inc. and Owen v. Bristol Care demonstrate that it will either take an obvious defect in an arbitration clause or a special command from Congress before courts will limit the enforceability of arbitration agreements.
Moving Arbitration Online: The Next Frontier
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
Concerted Action Includes Concerted Dispute Resolution
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
