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Arbitration
Class Waiver and Fee-Splitting Provisions Not Unconscionable
April 2, 2013
A decision yesterday from the US Court of Appeals for the Fourth Circuit in Muriithi v. Shuttle Express, Inc, No. 11-1445, April 1, 2013, rejected claims that an arbitration agreement was unconscionable with respect to both a provision waiving class arbitration and a provision mandating that the costs of the arbitration be shared equally between the parties. The Court of Appeals overturned a lower court decision holding unconscionable and unenforceable an arbitration clause in an agreement between...
April 2, 2013
A decision yesterday from the US Court of Appeals for the Fourth Circuit in Muriithi v. Shuttle Express, Inc, No. 11-1445, April 1, 2013, rejected claims that an arbitration agreement was unconscionable with respect to both a provision waiving class arbitration and a provision mandating that the costs of the arbitration be shared equally between the parties. The Court of Appeals overturned a lower court decision holding unconscionable and unenforceable an arbitration clause in an agreement between...
Report: Predictive Coding Replaces Sanctions as the Big News in E-Discovery
April 2, 2013
For the last several years, year-end reports on e-discovery have highlighted sanctions as the lead headline. (For examples from this blog, see Report: Sanction Requests Rise But Awards Hold Steady for 2011 and E-Discovery Sanctions Reach an All-Time High, Survey Finds.) For 2012, however, a different story took the lead spot — the rise of predictive coding. Such is the conclusion of the 2012 Year-End Electronic Discovery and Information Law Update published by the law firm Gibson Dunn. In...
April 2, 2013
For the last several years, year-end reports on e-discovery have highlighted sanctions as the lead headline. (For examples from this blog, see Report: Sanction Requests Rise But Awards Hold Steady for 2011 and E-Discovery Sanctions Reach an All-Time High, Survey Finds.) For 2012, however, a different story took the lead spot — the rise of predictive coding. Such is the conclusion of the 2012 Year-End Electronic Discovery and Information Law Update published by the law firm Gibson Dunn. In...
Sixth Circuit Affirms Vacatur of Arbitral Award for Evident Partiality
April 2, 2013
In this case the coincidences all break one way. Mark Kowalsky was a purportedly neutral arbitrator in a dispute between the Kinkade Company and Nancy and David White. Nearly five years and nearly 50 hearing days into their arbitration, however, Kowalsky announced to Kinkade that its adversary, David White, and the Whites’ advocate on the arbitration panel, Mayer Morganroth, had each hired Kowalsky’s firm for engagements that were likely to be substantial. Kinkade objected, to no avail....
April 2, 2013
In this case the coincidences all break one way. Mark Kowalsky was a purportedly neutral arbitrator in a dispute between the Kinkade Company and Nancy and David White. Nearly five years and nearly 50 hearing days into their arbitration, however, Kowalsky announced to Kinkade that its adversary, David White, and the Whites’ advocate on the arbitration panel, Mayer Morganroth, had each hired Kowalsky’s firm for engagements that were likely to be substantial. Kinkade objected, to no avail....
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
April 2, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully filed for arbitration of an environmental...
April 2, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully filed for arbitration of an environmental...
Do Broker-Dealers Have a Green Light to Force Investors to Waive Class Actions in Court?
April 2, 2013
Virtually all brokerage firms’ customer agreements require arbitration of disputes in the Financial Industry Regulatory Authority (FINRA) forum. FINRA regulates the contents of these predispute arbitration agreements (PDAAs) and prohibits broker-dealers from requiring customers to give up the right to bring class actions in court. A FINRA hearing officer, however, recently ruled that FINRA’s prohibition on class action waivers was unenforceable because it conflicted with the Federal Arbitration...
April 2, 2013
Virtually all brokerage firms’ customer agreements require arbitration of disputes in the Financial Industry Regulatory Authority (FINRA) forum. FINRA regulates the contents of these predispute arbitration agreements (PDAAs) and prohibits broker-dealers from requiring customers to give up the right to bring class actions in court. A FINRA hearing officer, however, recently ruled that FINRA’s prohibition on class action waivers was unenforceable because it conflicted with the Federal Arbitration...
Non-U.S. Companies: Don’t Fear Being “Hometowned” in American Courts
April 1, 2013
Many companies which are headquartered or do the bulk of their business outside the United States can be a little freaked...
April 1, 2013
Many companies which are headquartered or do the bulk of their business outside the United States can be a little freaked...
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
Eight Tips to Quash the Cost of E-Discovery
March 31, 2013
The following tips are offered to help you slash the outsize cost of e-discovery: Eliminate Waste Reduce Redundancy and Fragmentation Don’t Convert ESI Review Rationally Test your Methods and Know your ESI Use good tools Communicate and cooperate Price is what the seller accepts
March 31, 2013
The following tips are offered to help you slash the outsize cost of e-discovery: Eliminate Waste Reduce Redundancy and Fragmentation Don’t Convert ESI Review Rationally Test your Methods and Know your ESI Use good tools Communicate and cooperate Price is what the seller accepts
Texas Considers Bill Prohibiting New Home Contracts from Including an Arbitration Clause
March 30, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remove a binding arbitration clause from a currently...
March 30, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remove a binding arbitration clause from a currently...
Landmark Survey Reveals Trends in Evolution of ADR
March 29, 2013
Disputing is pleased to announce a seven part series exploring the findings of Thomas Stipanowich and Ryan Lamare in their...
March 29, 2013
Disputing is pleased to announce a seven part series exploring the findings of Thomas Stipanowich and Ryan Lamare in their...
