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Arbitration
Eight [Months] Is Enough — To Waive Your Arbitration Rights
May 19, 2016
Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding...
May 19, 2016
Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding...
Hold Onto Your Hats: CFPB Proposed Rules Will Lead to Lots of Class Action Litigation
May 18, 2016
Today the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration...
May 18, 2016
Today the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration...
Texas: Settlement Agreements, Arbitration, Indemnification, and Summary Judgment
May 18, 2016
The Tenth Court of Appeals (Waco), in Capstone Building Corp. v. IES Commercial, Inc., reversed the trial court's summary judgment in favor of IES. This case is a severed part of a broader dispute relating to a housing complex at Sam Houston State University.* Capstone was the general contractor, and IES was the mechanical/HVAC/electrical subcontractor. Capstone and IES entered into a settlement agreement after IES filed a petition for arbitration alleging a payment dispute. The settlement agreement...
May 18, 2016
The Tenth Court of Appeals (Waco), in Capstone Building Corp. v. IES Commercial, Inc., reversed the trial court's summary judgment in favor of IES. This case is a severed part of a broader dispute relating to a housing complex at Sam Houston State University.* Capstone was the general contractor, and IES was the mechanical/HVAC/electrical subcontractor. Capstone and IES entered into a settlement agreement after IES filed a petition for arbitration alleging a payment dispute. The settlement agreement...
Deflategate, Collective Bargaining, and Arbitration
May 16, 2016
Lisa Gelernter (SUNY-Buffalo, and a Bills fan) writes to share her take on the Second Circuit’s decision upholding the four-game suspension of Tom Brady of the Patriots for the deflate-gate scandal. [Side note: all the NFL's footballs are manufactured right here in Ada, Ohio -- come visit the factory, and ONU Law School, some time!] I've cut-and-pasted Lisa's comments here: The [Second Circuit] overturned the district court’s vacatur of what the parties (including the union) all characterized...
May 16, 2016
Lisa Gelernter (SUNY-Buffalo, and a Bills fan) writes to share her take on the Second Circuit’s decision upholding the four-game suspension of Tom Brady of the Patriots for the deflate-gate scandal. [Side note: all the NFL's footballs are manufactured right here in Ada, Ohio -- come visit the factory, and ONU Law School, some time!] I've cut-and-pasted Lisa's comments here: The [Second Circuit] overturned the district court’s vacatur of what the parties (including the union) all characterized...
The Legal Landscape of Class Arbitration Waivers in Consumer Contracts
May 16, 2016
The Supreme Court has demonstrated a growing interest in the enforcement of arbitration agreements over recent years. Beginning in 1983, Supreme Court decisions have slowly narrowed the scope for public policy arguments against the enforcement of arbitration agreements. See Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983) (stating that the Federal Arbitration Act (FAA) reflected a “liberal federal policy favoring arbitration”). Indeed, the FAA’s core command is freedom...
May 16, 2016
The Supreme Court has demonstrated a growing interest in the enforcement of arbitration agreements over recent years. Beginning in 1983, Supreme Court decisions have slowly narrowed the scope for public policy arguments against the enforcement of arbitration agreements. See Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983) (stating that the Federal Arbitration Act (FAA) reflected a “liberal federal policy favoring arbitration”). Indeed, the FAA’s core command is freedom...
Ninth Circuit Botches Another Arbitration Case
May 13, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.” Here is a brief excerpt: One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court. Casa Del Caffe Vergnano v. ItalFlavors (9th Cir 03/15/2016) fails to even mention the Supreme Court decisions that are applicable. The case involves a situation...
May 13, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.” Here is a brief excerpt: One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court. Casa Del Caffe Vergnano v. ItalFlavors (9th Cir 03/15/2016) fails to even mention the Supreme Court decisions that are applicable. The case involves a situation...
Disputed $45.8M Arbitration Award Includes $3.04M in Attorney Fee
May 9, 2016
An international digital security company won a $45.8 million arbitration award, including $3.04 million in attorney fees, against a consortium of U.S. retailers that includes Wal-Mart. Confirmation of the award is pending in state court in Dallas. But the consortium has objected to award, arguing it should be vacated because the three-member arbitration panel exceeded its authority. The consortium has also objected to the attorney fees, arguing that no statutory basis exists in Texas law upon...
May 9, 2016
An international digital security company won a $45.8 million arbitration award, including $3.04 million in attorney fees, against a consortium of U.S. retailers that includes Wal-Mart. Confirmation of the award is pending in state court in Dallas. But the consortium has objected to award, arguing it should be vacated because the three-member arbitration panel exceeded its authority. The consortium has also objected to the attorney fees, arguing that no statutory basis exists in Texas law upon...
SCOTX Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute
May 6, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals. In Whataburger Restaurants LLC v. Cardwell, No. 14-1019 (February 26, 2016), an El Paso dishwasher, Yvonne Cardwell, signed a pre-employment acknowledgement stating she understood that any work-related or injury disputes with her employer, Whataburger, would be subject to arbitration in Dallas. After becoming injured at work, Cardwell filed a lawsuit against her employer in El Paso. In...
May 6, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals. In Whataburger Restaurants LLC v. Cardwell, No. 14-1019 (February 26, 2016), an El Paso dishwasher, Yvonne Cardwell, signed a pre-employment acknowledgement stating she understood that any work-related or injury disputes with her employer, Whataburger, would be subject to arbitration in Dallas. After becoming injured at work, Cardwell filed a lawsuit against her employer in El Paso. In...
This U.S. Regulator Wants to End Mandatory Arbitration for Consumers
May 5, 2016
Having consumers renounce class action rights has been common since a 2011 Supreme Court ruling. A U.S. consumer watchdog...
May 5, 2016
Having consumers renounce class action rights has been common since a 2011 Supreme Court ruling. A U.S. consumer watchdog...
Start-Ups Should Consider Utilizing International Arbitral Procedures to Resolve Cross-Border Disputes
May 4, 2016
Many new businesses understand that domestic arbitral proceedings may save the company both time and money in the event of a legal dispute. Increasingly, start-up companies based in Texas and across the United States are reportedly utilizing the International Chamber of Commerce’s (“ICC”) arbitration rules as well. According to a recent article published by the Miami-based blog internationalarbitrators.com, young companies that do business across international borders are now opting to engage...
May 4, 2016
Many new businesses understand that domestic arbitral proceedings may save the company both time and money in the event of a legal dispute. Increasingly, start-up companies based in Texas and across the United States are reportedly utilizing the International Chamber of Commerce’s (“ICC”) arbitration rules as well. According to a recent article published by the Miami-based blog internationalarbitrators.com, young companies that do business across international borders are now opting to engage...
