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Arbitration
SCOTX Declines to Hear Challenge to Arbitration Award
May 16, 2017
Last Friday, the Supreme Court of Texas denied an investment company’s petition for review of an arbitration award. In Infinity Capital II LLC et al. v. Strasburger & Price LLP, No. 16-0947, the heirs of a member of a real estate investment company, Infinity Capital, sued the company for fraud and negligence. After the heirs entered into a confidential settlement agreement that contained an arbitration clause with Infinity Capital, the heirs assigned all related rights to their law firm,...
May 16, 2017
Last Friday, the Supreme Court of Texas denied an investment company’s petition for review of an arbitration award. In Infinity Capital II LLC et al. v. Strasburger & Price LLP, No. 16-0947, the heirs of a member of a real estate investment company, Infinity Capital, sued the company for fraud and negligence. After the heirs entered into a confidential settlement agreement that contained an arbitration clause with Infinity Capital, the heirs assigned all related rights to their law firm,...
Is “Class Arbitration” an Oxymoron? Examining Theoretical Bases for Class Arbitration
May 15, 2017
We recently began a series of articles in which we ask: Is “class arbitration” viable given the essential nature of arbitration,...
May 15, 2017
We recently began a series of articles in which we ask: Is “class arbitration” viable given the essential nature of arbitration,...
SCOTX Affirms Arbitration Award, Finds No Manifest Disregard of the Law in Oil & Gas Dispute
May 15, 2017
The Supreme Court of Texas has affirmed a court of appeals’ judgment regarding an arbitration panel’s damages award in an oil and gas exploration and production dispute. The background for Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 14-0979 (Tex., April 28, 2017), was previously published in a prior blog post: In Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 01-13-00040-CV (Tex. App. – Houston [1st Dist.], July 24, 2014), a property owner,...
May 15, 2017
The Supreme Court of Texas has affirmed a court of appeals’ judgment regarding an arbitration panel’s damages award in an oil and gas exploration and production dispute. The background for Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 14-0979 (Tex., April 28, 2017), was previously published in a prior blog post: In Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 01-13-00040-CV (Tex. App. – Houston [1st Dist.], July 24, 2014), a property owner,...
Third Circuit: Arbitration Agreement Not Validly Formed Through An “Interactive Voice-Response Telephone System”
May 12, 2017
In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision). As recognized by the Third Circuit, this case involves a unique fact pattern of “contract formation through an interactive voice-response telephone system.” The defendant provides telecom services to inmates at correctional facilities so that the inmates can call their...
May 12, 2017
In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision). As recognized by the Third Circuit, this case involves a unique fact pattern of “contract formation through an interactive voice-response telephone system.” The defendant provides telecom services to inmates at correctional facilities so that the inmates can call their...
Fifth Circuit Dances On Head of Arbitration Pin
May 11, 2017
Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to two of the parties’ three agreements, it related to their formation, but when the same argument was applied to the third agreement, it related to its validity. In Lefoldt v. Horne, 2017 WL 1326241 (5th Cir. April 11, 2017), the plaintiff, a community hospital,...
May 11, 2017
Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to two of the parties’ three agreements, it related to their formation, but when the same argument was applied to the third agreement, it related to its validity. In Lefoldt v. Horne, 2017 WL 1326241 (5th Cir. April 11, 2017), the plaintiff, a community hospital,...
The European Succession Regulation and the Arbitration of Trust Disputes
May 10, 2017
S.I. Strong , Manley O. Hudson Professor of Law at the University of Missouri School of Law , has published “ The European...
May 10, 2017
S.I. Strong , Manley O. Hudson Professor of Law at the University of Missouri School of Law , has published “ The European...
California: The Wild, Wild West of Arbitration Law
May 9, 2017
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the the steamroller of FAA preemption. In McGill v. Citibank, No. S224086 (Cal. Apr. 6, 2017) (click here for a copy of the decision), the California Supreme Court held that “a provision in a predispute arbitration agreement...
May 9, 2017
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the the steamroller of FAA preemption. In McGill v. Citibank, No. S224086 (Cal. Apr. 6, 2017) (click here for a copy of the decision), the California Supreme Court held that “a provision in a predispute arbitration agreement...
Fort Worth COA Rules Employer’s Online Arbitration Policy is Unenforceable Absent Explicit Notice to Workers
May 9, 2017
The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s...
May 9, 2017
The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s...
Smartphone’s Popup Keypad Frustrates Formation of Arbitration Agreement
May 8, 2017
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, the agreement may not be enforceable. The drafters of the FAA, in section 4 of the statute, very wisely instructed courts to examine the circumstances surrounding “the making of the agreement.” If there is a problem with...
May 8, 2017
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, the agreement may not be enforceable. The drafters of the FAA, in section 4 of the statute, very wisely instructed courts to examine the circumstances surrounding “the making of the agreement.” If there is a problem with...
Powers of a District Court to Grant Interim Relief After Compelling Arbitration of All Claims Before It
May 6, 2017
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a district court compels arbitration of all of the claims in an action before it ( LINK ). But what is the practical significance of the district court’s retaining jurisdiction? | Among other things, it may thus be able to grant interim relief in order to preserve the status...
May 6, 2017
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a district court compels arbitration of all of the claims in an action before it ( LINK ). But what is the practical significance of the district court’s retaining jurisdiction? | Among other things, it may thus be able to grant interim relief in order to preserve the status...
