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Arbitration
Fort Worth COA Rules Church Must Arbitrate Claims Against Roofing Materials Manufacturer
September 28, 2017
Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration. In Dow Roofing Systems LLC v. Great Commission Baptist Church, et al., No. 02-16-00395-CV (August 3, 2017), a new church was built in Tarrant County, Texas in 2006. Prior to installing the church’s roof, the roofing contractor, Chamberlain, entered into an arbitration agreement with a roofing materials manufacturer authorizing the roofer to use the company’s...
September 28, 2017
Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration. In Dow Roofing Systems LLC v. Great Commission Baptist Church, et al., No. 02-16-00395-CV (August 3, 2017), a new church was built in Tarrant County, Texas in 2006. Prior to installing the church’s roof, the roofing contractor, Chamberlain, entered into an arbitration agreement with a roofing materials manufacturer authorizing the roofer to use the company’s...
Fifth Circuit Affirms Order Stating Question of Arbitrability Was Delegated to the Arbitrator in $1.6 Billion Oil Lease Dispute
September 27, 2017
The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated. In Brittania-U Nigeria, Ltd. v. Chevron USA Inc., et al., No.16-20690 (5th Cir., August 9, 2017), a Nigerian oil company, Brittania-U, signed a confidentiality agreement with Chevron as part of the bidding process related to the purchase of several oil leases. The confidentiality agreement contained an arbitration provision which stated any disputes...
September 27, 2017
The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated. In Brittania-U Nigeria, Ltd. v. Chevron USA Inc., et al., No.16-20690 (5th Cir., August 9, 2017), a Nigerian oil company, Brittania-U, signed a confidentiality agreement with Chevron as part of the bidding process related to the purchase of several oil leases. The confidentiality agreement contained an arbitration provision which stated any disputes...
Lessons From Two Auto Dealer Arbitrations About Nonsignatories
September 22, 2017
In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party can enforce the arbitration agreement. In Nissan N. Am. v. Scott, 2017 WL 3446129 (Ala. Aug. 11, 2017), a customer brought suit in court against Nissan and its dealership, after her car (a “Juke” in case you are curious) spontaneously caught fire. The purchase agreement...
September 22, 2017
In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party can enforce the arbitration agreement. In Nissan N. Am. v. Scott, 2017 WL 3446129 (Ala. Aug. 11, 2017), a customer brought suit in court against Nissan and its dealership, after her car (a “Juke” in case you are curious) spontaneously caught fire. The purchase agreement...
Relational Contracts of Adhesion
September 21, 2017
Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued...
September 21, 2017
Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued...
Employee Class Action Waiver Independent of Arbitration Clause
September 18, 2017
The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate...
September 18, 2017
The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate...
ADR Legislative Update
September 11, 2017
As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB’s final rule regulating the use of financial consumer pre-dispute arbitration agreements and requiring reporting of data concerning arbitrations that are held pursuant to such agreements....
September 11, 2017
As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB’s final rule regulating the use of financial consumer pre-dispute arbitration agreements and requiring reporting of data concerning arbitrations that are held pursuant to such agreements....
Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters
September 8, 2017
Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21. In her journal article, Professor Chew discusses the results of her research regarding...
September 8, 2017
Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21. In her journal article, Professor Chew discusses the results of her research regarding...
Un-Vacated: Nevada Supreme Court Confirms $6.7M Franchise Arbitration Award
September 7, 2017
In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises. In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in exercising authority over non-signatories. The dispute began when Half Dental Franchise filed an arbitration demand against Precision Dental Professionals and Robert Houchin (among others)....
September 7, 2017
In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises. In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in exercising authority over non-signatories. The dispute began when Half Dental Franchise filed an arbitration demand against Precision Dental Professionals and Robert Houchin (among others)....
5th Circuit Upholds Class Waiver Without an Arbitration Agreement
September 7, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”)...
September 7, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”)...
On-line Arbitration Agreements: A Tale of Two “Click Wraps”
September 6, 2017
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).The Nicosia and Meyer cases each involved an on-line agreement with a user who claimed not to have read the company’s...
September 6, 2017
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).The Nicosia and Meyer cases each involved an on-line agreement with a user who claimed not to have read the company’s...
