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Study Finds Driver Cell Phone Bans Are Saving Motorcyclists’ Lives
January 19, 2019
Laws to ban or curb drivers’ use of cell phones and other handheld devices have greatly reduced the rate of fatalities for motorcyclists, according to a new study by faculty at Florida Atlantic University and the University of Miami. The study’s findings, recently published in Social Science & Medicine, show that states with moderate to strong bans have motorcycle fatality rates that differ by as much as 11 percent compared to states with no bans. Motorcyclists account for a much...
January 19, 2019
Laws to ban or curb drivers’ use of cell phones and other handheld devices have greatly reduced the rate of fatalities for motorcyclists, according to a new study by faculty at Florida Atlantic University and the University of Miami. The study’s findings, recently published in Social Science & Medicine, show that states with moderate to strong bans have motorcycle fatality rates that differ by as much as 11 percent compared to states with no bans. Motorcyclists account for a much...
SCOTUS Holds Delegation Clause Must be Enforced Even if Trial Court Deems Arbitration Claim “Wholly Groundless”
January 18, 2019
Today, the United States Supreme Court delivered a unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019). In the case, a district court vacated a magistrate judge’s order stating a valid delegation clause that is included in an agreement to arbitrate must be enforced even if a party’s claim of arbitrability is “wholly groundless.” As described in an earlier Disputing blog post: Following...
January 18, 2019
Today, the United States Supreme Court delivered a unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019). In the case, a district court vacated a magistrate judge’s order stating a valid delegation clause that is included in an agreement to arbitrate must be enforced even if a party’s claim of arbitrability is “wholly groundless.” As described in an earlier Disputing blog post: Following...
Understanding Justice Needs: The Elephant in the Courtroom
January 18, 2019
The Hague Institute for Innovation of Law recently released a report entitled, Understanding Justice Needs: The Elephant in the Courtroom. The Institute describes the report as follows: “For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each year, 1 billion people face a new and serious conflict. They experience violence, stress, loss of work and income or damage to key relationships. Data show that right now, people rely...
January 18, 2019
The Hague Institute for Innovation of Law recently released a report entitled, Understanding Justice Needs: The Elephant in the Courtroom. The Institute describes the report as follows: “For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each year, 1 billion people face a new and serious conflict. They experience violence, stress, loss of work and income or damage to key relationships. Data show that right now, people rely...
Implicit Biases May Be A Good Thing!
January 17, 2019
In past blog posts, I have discussed implicit biases and how important it is to recognize their existence and to counteract...
January 17, 2019
In past blog posts, I have discussed implicit biases and how important it is to recognize their existence and to counteract...
Severability Doctrine Sends Two Disputes To Arbitration
January 17, 2019
One of the most confounding doctrines in federal arbitration jurisprudence is the severability doctrine. The U.S. Supreme Court has held, since Prima Paint in 1967, that courts must enforce arbitration clauses within contracts, even if the entire contract is invalid or unenforceable. (Most non-arbitration geeks don’t believe me when I tell them that’s the law.) The only time a court can address the argument for invalidity is if the litigant directs it specifically at the arbitration...
January 17, 2019
One of the most confounding doctrines in federal arbitration jurisprudence is the severability doctrine. The U.S. Supreme Court has held, since Prima Paint in 1967, that courts must enforce arbitration clauses within contracts, even if the entire contract is invalid or unenforceable. (Most non-arbitration geeks don’t believe me when I tell them that’s the law.) The only time a court can address the argument for invalidity is if the litigant directs it specifically at the arbitration...
Supreme Court’s Latest Arbitration Decision in Henry Schein v. Archer & White Sales
January 16, 2019
The Supreme Court just released its decision in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (Jan. 8, 2018) (click here for a copy of the decision). As to the narrow, technical legal issue in this case, the Court held that the “wholly groundless” exception to the delegation doctrine does not exist and is inconsistent with the Federal Arbitration Act. Under the delegation doctrine, parties can send threshold arbitrability questions to the arbitrator. For example,...
January 16, 2019
The Supreme Court just released its decision in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (Jan. 8, 2018) (click here for a copy of the decision). As to the narrow, technical legal issue in this case, the Court held that the “wholly groundless” exception to the delegation doctrine does not exist and is inconsistent with the Federal Arbitration Act. Under the delegation doctrine, parties can send threshold arbitrability questions to the arbitrator. For example,...
El Paso COA Affirms Order Denying Arbitration in Discrimination and Retaliation Case
January 16, 2019
The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit. In Alorica v. Tovar, No. 08-18-00008-CV (Tex. App. – El Paso, November 26, 2018), a woman, Tovar, filed a lawsuit against her former employer, Alorica, claiming the company illegally committed disability discrimination and also retaliated against her for pursuing workers’ compensation claims. In response, Alorica filed...
January 16, 2019
The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit. In Alorica v. Tovar, No. 08-18-00008-CV (Tex. App. – El Paso, November 26, 2018), a woman, Tovar, filed a lawsuit against her former employer, Alorica, claiming the company illegally committed disability discrimination and also retaliated against her for pursuing workers’ compensation claims. In response, Alorica filed...
Beaumont COA Overturns Jefferson County Order Denying Arbitration in Energy Dispute
January 15, 2019
The Beaumont Court of Appeals has reversed a Jefferson County district court’s order denying an energy company’s motion to compel arbitration. In Oxbow Calcining LLC v. Port Arthur Steam Energy, LP, Nos. 09-18-00359-CV and 09-18-00392-CV, (Tex. App. – Beaumont, December 13, 2018), a company that manufactures petroleum calcined coke from petroleum coke, Oxbow, entered into a Heat Energy Agreement (“HEA”) with Port Arthur Steam Energy, L.P. (“PASE”) to route...
January 15, 2019
The Beaumont Court of Appeals has reversed a Jefferson County district court’s order denying an energy company’s motion to compel arbitration. In Oxbow Calcining LLC v. Port Arthur Steam Energy, LP, Nos. 09-18-00359-CV and 09-18-00392-CV, (Tex. App. – Beaumont, December 13, 2018), a company that manufactures petroleum calcined coke from petroleum coke, Oxbow, entered into a Heat Energy Agreement (“HEA”) with Port Arthur Steam Energy, L.P. (“PASE”) to route...
As Predicted, SCOTUS Eliminates “Wholly Groundless” Exception
January 15, 2019
I called it. SCOTUS issued its unanimous opinion today in Henry Schein v. Archer & White, vacating and remanding the Fifth Circuit decision and making clear that there is no “wholly groundless” exception to the Federal Arbitration Act’s enforcement of delegation clauses. As you may recall, a circuit split had developed over the “wholly groundless” exception. Some circuits, including the Fifth, concluded that even when parties have delegated questions...
January 15, 2019
I called it. SCOTUS issued its unanimous opinion today in Henry Schein v. Archer & White, vacating and remanding the Fifth Circuit decision and making clear that there is no “wholly groundless” exception to the Federal Arbitration Act’s enforcement of delegation clauses. As you may recall, a circuit split had developed over the “wholly groundless” exception. Some circuits, including the Fifth, concluded that even when parties have delegated questions...
Connecticut Judicial Branch Begins ODR Pilot Program for Eligible Contract Disputes
January 14, 2019
At the beginning of the new year, two Connecticut judicial districts reportedly implemented an online dispute resolution pilot program designed to resolve certain contract disputes without the need for engaging in the judicial process. According to the State of Connecticut Judicial Branch’s website: Online Dispute Resolution (ODR) is a Judicial Branch pilot program available in cases filed on or after January 2, 2019 in the Hartford and New Haven Judicial Districts only...
January 14, 2019
At the beginning of the new year, two Connecticut judicial districts reportedly implemented an online dispute resolution pilot program designed to resolve certain contract disputes without the need for engaging in the judicial process. According to the State of Connecticut Judicial Branch’s website: Online Dispute Resolution (ODR) is a Judicial Branch pilot program available in cases filed on or after January 2, 2019 in the Hartford and New Haven Judicial Districts only...
