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Arbitration
Houston’s First District Refuses to Compel Lease Dispute to Arbitration
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application of Concepcion
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
Part One: A Brief History of ADR and Corporate Perception
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
Can “Actual Bias” Approach to “Evident Partiality” Discourage Post-Award Litigation?
April 30, 2013
It has been nearly 45 years since the Supreme Court of the United States decided theCommonwealth Coatings case (Commonwealth...
April 30, 2013
It has been nearly 45 years since the Supreme Court of the United States decided theCommonwealth Coatings case (Commonwealth...
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
April 30, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. In Raymond James Financial Services, Inc. and Timothy Carl Satre v. June Angelina Peveto f/k/a June Strange, No. 09-12-00472-CV (Tex. App. 9th March 28, 2013), John Robert Peveto created a family partnership named JRP Investments, L.P. (“JRPI”) and named himself the managing partner. He then opened an investment account at Raymond James Financial...
April 30, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. In Raymond James Financial Services, Inc. and Timothy Carl Satre v. June Angelina Peveto f/k/a June Strange, No. 09-12-00472-CV (Tex. App. 9th March 28, 2013), John Robert Peveto created a family partnership named JRP Investments, L.P. (“JRPI”) and named himself the managing partner. He then opened an investment account at Raymond James Financial...
Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?
April 29, 2013
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract? The situations typically arise when the admitted person has died and the heirs or estate want to bring a tort action against the nursing home. The nursing home moves to compel...
April 29, 2013
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract? The situations typically arise when the admitted person has died and the heirs or estate want to bring a tort action against the nursing home. The nursing home moves to compel...
Contributions to Unsuccessful Judicial Race Do Not Constitute Evident Partiality
April 29, 2013
The Third Circuit affirmed a district court decision denying a motion to vacate an arbitration award issued in favor of Pittsburgh Glass Works and PGW Auto Glass and against James Freeman. Freeman had asserted age discrimination claims in federal district court against the respondents after being fired from his job. The parties agreed upon a retired state court judge to arbitrate their dispute. The arbitrator had recently lost an election to the Pennsylvania Supreme Court. Freeman moved to have the award...
April 29, 2013
The Third Circuit affirmed a district court decision denying a motion to vacate an arbitration award issued in favor of Pittsburgh Glass Works and PGW Auto Glass and against James Freeman. Freeman had asserted age discrimination claims in federal district court against the respondents after being fired from his job. The parties agreed upon a retired state court judge to arbitrate their dispute. The arbitrator had recently lost an election to the Pennsylvania Supreme Court. Freeman moved to have the award...
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
April 26, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. In Gonzales et al. v. Brand Energy & Infrastructure Services, Inc., No. H-12-1718 (S.D. Tex. March 20, 2013), Daniel Gonzales was employed as an oil refinery worker at Brand Energy & Infrastructure Services, Inc. (“Brand”). Upon commencement of his employment, Gonzales signed an acknowledgement that he received a copy of the “Brand Dispute Resolution Program for Employees”...
April 26, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. In Gonzales et al. v. Brand Energy & Infrastructure Services, Inc., No. H-12-1718 (S.D. Tex. March 20, 2013), Daniel Gonzales was employed as an oil refinery worker at Brand Energy & Infrastructure Services, Inc. (“Brand”). Upon commencement of his employment, Gonzales signed an acknowledgement that he received a copy of the “Brand Dispute Resolution Program for Employees”...
Arbitration Award Attached to Confirmation Motion Not Sealed
April 26, 2013
First State Insurance Company and National Casualty Company arbitrated a reinsurance dispute in which the panel issued a confidentiality order prohibiting disclosure of confidential arbitration information. First State sought confirmation of an arbitration award in its favor by filing a petition in federal district court attaching the arbitration award to its moving papers. National Casualty moved to seal the record, including the award itself, arguing that public interest in access to the documents...
April 26, 2013
First State Insurance Company and National Casualty Company arbitrated a reinsurance dispute in which the panel issued a confidentiality order prohibiting disclosure of confidential arbitration information. First State sought confirmation of an arbitration award in its favor by filing a petition in federal district court attaching the arbitration award to its moving papers. National Casualty moved to seal the record, including the award itself, arguing that public interest in access to the documents...
