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Arbitration
Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)
July 21, 2016
Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank, 2016 WL 3693778 (Ga. July 8, 2016), the issue was whether a class action challenging overdraft fees could proceed in court. The class complaint was filed in July of 2010, and in August...
July 21, 2016
Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank, 2016 WL 3693778 (Ga. July 8, 2016), the issue was whether a class action challenging overdraft fees could proceed in court. The class complaint was filed in July of 2010, and in August...
Public Meeting Held Over Texas Insurer’s Proposed Mediation-Arbitration Endorsement
July 20, 2016
Yesterday, the Texas Department of Insurance (“TDI”) held a public meeting in Austin regarding a Texas insurer’s request to add an optional endorsement to the company’s homeowners insurance policies. During the meeting that was presided over by Texas Insurance Commissioner David Mattax, Texas Farm Bureau Insurance Companies sought approval for its proposal to allow insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’...
July 20, 2016
Yesterday, the Texas Department of Insurance (“TDI”) held a public meeting in Austin regarding a Texas insurer’s request to add an optional endorsement to the company’s homeowners insurance policies. During the meeting that was presided over by Texas Insurance Commissioner David Mattax, Texas Farm Bureau Insurance Companies sought approval for its proposal to allow insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’...
Bootstraps on the Ground
July 19, 2016
Richard Frankel, Director of the Appellate Litigation Clinic and Associate Professor of Law at Drexel University’s Thomas R. Kline School of Law, has published a response to an article previously featured on this blog. In “Bootstraps on the Ground: A Response to Professor Leslie,” 94 Tex. L. Rev. 188 (2016); Drexel University Thomas R. Kline School of Law Research Paper No. 2016-A-06, Professor Frankel examines the potential effect of recent U.S. Supreme Court case law on so-called arbitration...
July 19, 2016
Richard Frankel, Director of the Appellate Litigation Clinic and Associate Professor of Law at Drexel University’s Thomas R. Kline School of Law, has published a response to an article previously featured on this blog. In “Bootstraps on the Ground: A Response to Professor Leslie,” 94 Tex. L. Rev. 188 (2016); Drexel University Thomas R. Kline School of Law Research Paper No. 2016-A-06, Professor Frankel examines the potential effect of recent U.S. Supreme Court case law on so-called arbitration...
Fifth Circuit Affirms $1.45 Million Arbitration Award in Legal Fees Dispute
July 18, 2016
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees. In McKool Smith, P.C. v. Curtis International Ltd., No. 15-11140 (5th Cir. May 23, 2016), Curtis International, Limited (“Curtis”) hired McKool Smith, P.C. (“McKool”) to defend the company in two patent lawsuits that were filed in a Florida federal court. The parties’ engagement agreement stipulated that...
July 18, 2016
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees. In McKool Smith, P.C. v. Curtis International Ltd., No. 15-11140 (5th Cir. May 23, 2016), Curtis International, Limited (“Curtis”) hired McKool Smith, P.C. (“McKool”) to defend the company in two patent lawsuits that were filed in a Florida federal court. The parties’ engagement agreement stipulated that...
The Politics of Arbitration Law and Centrist Proposals for Reform
July 15, 2016
Stephen J. Ware, Professor of Law at the University of Kansas School of Law, has published “The Politics of Arbitration Law and Centrist Proposals for Reform,” Harvard Journal on Legislation, Vol. 53, No. 2, 2016. In his journal Article, Professor Ware discusses the politics associated with potential reforms in the consumer arbitration arena. Here is the abstract: Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement...
July 15, 2016
Stephen J. Ware, Professor of Law at the University of Kansas School of Law, has published “The Politics of Arbitration Law and Centrist Proposals for Reform,” Harvard Journal on Legislation, Vol. 53, No. 2, 2016. In his journal Article, Professor Ware discusses the politics associated with potential reforms in the consumer arbitration arena. Here is the abstract: Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement...
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
July 14, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment...
July 14, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment...
Regulating Forced Arbitration in Consumer Financial Services
July 13, 2016
Professor Martha McCluskey, University at Buffalo Law School, State University of New York, Professor Thomas McGarity, University...
July 13, 2016
Professor Martha McCluskey, University at Buffalo Law School, State University of New York, Professor Thomas McGarity, University...
Insurer Seeks Optional Endorsement Requiring Homeowners to Participate in Mediation-Arbitration
July 12, 2016
Texas Farm Bureau Insurance Company has reportedly filed a request with the Texas Department of Insurance (“TDI”) seeking to add an optional endorsement to the company’s homeowners insurance policies. If approved, the request would allow insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower policy premium. Under the proposal, insureds would instead be obligated to engage in mandatory mediation-arbitration with Farm Bureau. Public...
July 12, 2016
Texas Farm Bureau Insurance Company has reportedly filed a request with the Texas Department of Insurance (“TDI”) seeking to add an optional endorsement to the company’s homeowners insurance policies. If approved, the request would allow insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower policy premium. Under the proposal, insureds would instead be obligated to engage in mandatory mediation-arbitration with Farm Bureau. Public...
Three Blockbuster Summer Arbitration Decisions
July 12, 2016
While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens...
July 12, 2016
While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens...
Out On A Limb, 7th Circuit Creates Circuit Split Over Class Arbitration For Employees
July 6, 2016
Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB’s interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers. After all, the 7th Circuit gets affirmed more than other circuit courts by SCOTUS, earning it a reputation for being fairly conservative. Yet, contrary to the five other circuits that have already disagreed with the NLRB interpretation, the 7th Circuit just became the first...
July 6, 2016
Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB’s interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers. After all, the 7th Circuit gets affirmed more than other circuit courts by SCOTUS, earning it a reputation for being fairly conservative. Yet, contrary to the five other circuits that have already disagreed with the NLRB interpretation, the 7th Circuit just became the first...
