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Arbitration
Litigation Trends Survey Predicts a Bumpy Ride in 2013
February 28, 2013
Buckle up, general counsel, because your colleagues expect a bumpy litigation ride in 2013. In fact, according to the "9th...
February 28, 2013
Buckle up, general counsel, because your colleagues expect a bumpy litigation ride in 2013. In fact, according to the "9th...
Taming the Wild West of Arbitration Ethics
February 27, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum.
February 27, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum.
Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators
February 26, 2013
The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of...
February 26, 2013
The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of...
Abstention Trumps Arbitration In Tenth Circuit
February 1, 2013
The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under theColorado River doctrine. D.A. Osguthorpe Family P’ship v. ASC Utah, Inc., __ F.3d __, 2013 WL 150221 (10th Cir. Jan. 15, 2013). Though the factual situation inOsguthorpe is unusual, the decision highlights tension between the federal abstention doctrine and case law under the Federal Arbitration Act. Osguthorpe involved...
February 1, 2013
The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under theColorado River doctrine. D.A. Osguthorpe Family P’ship v. ASC Utah, Inc., __ F.3d __, 2013 WL 150221 (10th Cir. Jan. 15, 2013). Though the factual situation inOsguthorpe is unusual, the decision highlights tension between the federal abstention doctrine and case law under the Federal Arbitration Act. Osguthorpe involved...
Arbitration Round Up
January 31, 2013
Evident Partiality, Fraud, Corruption, Undue Means Dubois v. Macy’s Retail Holdings, Inc., Case No. 11-4904 (USDC E.D.N.Y. Sept. 13, 2012) (accepting magistrate’sreport and recommendation denying motion to vacate, no corruption, fraud, undue means, or evident partiality; granting motion to confirm) Burbach Aquatics, Inc. v. Huntley Illinois Park District, Case No. 12-6613 (USDC N.D. Ill Nov. 21, 2012) (denying motion to vacate, no evident partiality, no manifest disregard of the law) Gambino...
January 31, 2013
Evident Partiality, Fraud, Corruption, Undue Means Dubois v. Macy’s Retail Holdings, Inc., Case No. 11-4904 (USDC E.D.N.Y. Sept. 13, 2012) (accepting magistrate’sreport and recommendation denying motion to vacate, no corruption, fraud, undue means, or evident partiality; granting motion to confirm) Burbach Aquatics, Inc. v. Huntley Illinois Park District, Case No. 12-6613 (USDC N.D. Ill Nov. 21, 2012) (denying motion to vacate, no evident partiality, no manifest disregard of the law) Gambino...
Eighth Circuit “Owes No Deference” to NLRB Ruling on Class Arbitration
January 31, 2013
One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements waiving class arbitration would be void. This week, the Eighth Circuit became the first federal circuit court to refuse to enforce the NLRB’s ruling. In Owen v. Bristol Care, Inc., __ F.3d __, 2013 WL 57874 (8th Cir. Jan. 7, 2013), an employee sued her employer for violations...
January 31, 2013
One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements waiving class arbitration would be void. This week, the Eighth Circuit became the first federal circuit court to refuse to enforce the NLRB’s ruling. In Owen v. Bristol Care, Inc., __ F.3d __, 2013 WL 57874 (8th Cir. Jan. 7, 2013), an employee sued her employer for violations...
2012 Supreme Court Arbitration Case Law
January 31, 2013
2012 Supreme Court Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-texas-supreme-court/
January 31, 2013
2012 Supreme Court Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-texas-supreme-court/
Any Agreement To Submit Disputes To A Third Party Is An “Arbitration Agreement” Subject to FAA
January 30, 2013
Any Agreement To Submit Disputes To A Third Party Is An “Arbitration Agreement” Subject to FAA http://arbitrationnation.com/any-agreement-to-submit-disputes-to-a-third-party-is-an-arbitration-agreement-subject-to-faa/
January 30, 2013
Any Agreement To Submit Disputes To A Third Party Is An “Arbitration Agreement” Subject to FAA http://arbitrationnation.com/any-agreement-to-submit-disputes-to-a-third-party-is-an-arbitration-agreement-subject-to-faa/
Fifth Circuit Arbitration Case Law
January 30, 2013
Fifth Circuit Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-fifth-circuit/
January 30, 2013
Fifth Circuit Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-fifth-circuit/
CPR: Urgent Need for New Litigation Approach
January 23, 2013
CPR: Urgent Need for New Litigation Approach http://goo.gl/VRdpL
January 23, 2013
CPR: Urgent Need for New Litigation Approach http://goo.gl/VRdpL
