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Arbitration
Using Arbitration Agreements to Waive the Right to Petition for Inter Partes Review
April 17, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”) has been a popular legal option for challenging patent validity. Any party, other than the patent owner, can petition for the Patent Trial and Appeal Board (“PTAB”) to institute an IPR. In an IPR proceeding, the PTAB determines the validity of a patent after holding a hearing between the patent owner and challenger. The PTAB is required...
April 17, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”) has been a popular legal option for challenging patent validity. Any party, other than the patent owner, can petition for the Patent Trial and Appeal Board (“PTAB”) to institute an IPR. In an IPR proceeding, the PTAB determines the validity of a patent after holding a hearing between the patent owner and challenger. The PTAB is required...
Fifth Circuit Once Again Reverses Order Compelling Arbitration in Wind Energy Dispute
April 11, 2019
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case. In Papalote Creek II, L.L.C. v. Lower Colorado River Authority, No. 17-50852 (5th Cir., March 15, 2019), the Lower Colorado River Authority (“LCRA”) entered into an agreement to purchase wind energy from Papalote Creek (“Papalote”). The parties’ agreement limited the LCRA’s aggregate liability for failure...
April 11, 2019
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case. In Papalote Creek II, L.L.C. v. Lower Colorado River Authority, No. 17-50852 (5th Cir., March 15, 2019), the Lower Colorado River Authority (“LCRA”) entered into an agreement to purchase wind energy from Papalote Creek (“Papalote”). The parties’ agreement limited the LCRA’s aggregate liability for failure...
Arbitration Nuts and Bolts: Federal Appellate Jurisdiction over Orders Compelling Arbitration and Staying Litigation
April 10, 2019
Sections 3 and 4 of the Federal Arbitration Act (the “FAA”) provide remedies for a party who is aggrieved by another...
April 10, 2019
Sections 3 and 4 of the Federal Arbitration Act (the “FAA”) provide remedies for a party who is aggrieved by another...
Infinite Arbitration Clauses
April 9, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming). In his journal article, Professor Horton discusses how the court system handles broad arbitration provisions that may not be directly related to the underlying contract. The abstract states: For decades, the Supreme Court has expanded the Federal Arbitration Act...
April 9, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming). In his journal article, Professor Horton discusses how the court system handles broad arbitration provisions that may not be directly related to the underlying contract. The abstract states: For decades, the Supreme Court has expanded the Federal Arbitration Act...
So Just How “Final” is a “Final Decision” that Allows an Appeal with Respect to an Arbitration?
April 5, 2019
In this week’s installment of Arbitration Nation, we’re going to look at when a “decision with respect to an arbitration” may be appealed. 9 U.S.C. § 16 provides part, but only part, of the answer. The rule essentially establishes the right of a party losing a motion to compel arbitration in a federal court to appeal that decision immediately. In contrast, a party who has been compelled to arbitration cannot appeal that decision immediately unless she first secures...
April 5, 2019
In this week’s installment of Arbitration Nation, we’re going to look at when a “decision with respect to an arbitration” may be appealed. 9 U.S.C. § 16 provides part, but only part, of the answer. The rule essentially establishes the right of a party losing a motion to compel arbitration in a federal court to appeal that decision immediately. In contrast, a party who has been compelled to arbitration cannot appeal that decision immediately unless she first secures...
The Impact of Epic Systems in the Labor and Employment Context
April 3, 2019
Lise Gelernter, Teaching Faculty at SUNY Buffalo Law School, has published a comment titled, “The Impact of Epic Systems in the Labor and Employment Context,” 2019 Journal of Dispute Resolution 115; University at Buffalo School of Law Legal Studies Research Paper No. 2018-014. In her comment, Ms. Gelernter examines the United States Supreme Court’s recent decision in Epic Systems Corp. v. Lewis and discusses the inconsistent way in which transportation workers...
April 3, 2019
Lise Gelernter, Teaching Faculty at SUNY Buffalo Law School, has published a comment titled, “The Impact of Epic Systems in the Labor and Employment Context,” 2019 Journal of Dispute Resolution 115; University at Buffalo School of Law Legal Studies Research Paper No. 2018-014. In her comment, Ms. Gelernter examines the United States Supreme Court’s recent decision in Epic Systems Corp. v. Lewis and discusses the inconsistent way in which transportation workers...
Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with “Wrap” Arbitration Provisions
March 29, 2019
In Starke v. SquareTrade, Inc., the Second Circuit concluded that the a purchaser of a consumer product protection...
March 29, 2019
In Starke v. SquareTrade, Inc., the Second Circuit concluded that the a purchaser of a consumer product protection...
Beaumont COA Reverses Order Vacating Arbitration Award in Construction Dispute
March 28, 2019
The Ninth District Court of Appeals in Beaumont has reversed a trial court’s order vacating an arbitration awarddue...
March 28, 2019
The Ninth District Court of Appeals in Beaumont has reversed a trial court’s order vacating an arbitration awarddue...
SCOTUS Declines Review in NAF Case
March 27, 2019
As regular readers of the blog may recall, Liz wrote a brief note about a decision by the Supreme Court of Missouri holding that arbitration is not available when companies select a defunct institution to administer their arbitrations with consumers. See A-1 Premium Acceptance, Inc. v. Hunter, 2018 WL 4998256 (Mo. Oct. 16, 2018). In the case, the commercial party — A-1 — had designated, in a 2006 arbitration agreement contained loan documents, the National Arbitration Forum (“NAF”)...
March 27, 2019
As regular readers of the blog may recall, Liz wrote a brief note about a decision by the Supreme Court of Missouri holding that arbitration is not available when companies select a defunct institution to administer their arbitrations with consumers. See A-1 Premium Acceptance, Inc. v. Hunter, 2018 WL 4998256 (Mo. Oct. 16, 2018). In the case, the commercial party — A-1 — had designated, in a 2006 arbitration agreement contained loan documents, the National Arbitration Forum (“NAF”)...
Using Arbitration Agreements to Waive the Right to Petition for Inter Partes Review
March 25, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”)...
March 25, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”)...
