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2011-12 U.S. Legislation on Arbitration and Mediation
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and ended on January 3, 2013....
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The following bills relating to alternative dispute resolution were introduced by the 113th U.S. Congress. The session convened in Washington, D.C. on January 3, 2013 and will end on January 3, 2015....
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U.S. Fifth Circuit Sends Age Discrimination Case to Arbitration
The United States Fifth Circuit Court of Appeals has held that an age discrimination claim must be arbitrated. In Klein v. Nabors, No. 11-30824 (5th Cir. 2013), an oil rig worker, Gary Klein, sued his...
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Texas House Considers Bill That Would Prohibit New Home Contracts from...
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the...
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Texas Legislative Roundup April 3, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the...
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Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
The following is part 2 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) paper entitled “Living with...
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Hearing Held to Determine Whether NFL Concussion Litigation Should be Arbitrated
Yesterday, a hearing was reportedly held in a Philadelphia federal court to determine whether a lawsuit filed by approximately 4,000 former professional football players against the National Football...
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FEMA Announces Arbitration Pilot Program for Hurricane Sandy Disputes
The Federal Emergency Management Agency (FEMA) has announced plans to establish an arbitration pilot program for handling disaster assistance disputes related to Hurricane Sandy. In January, President...
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Operation Arbitration: Privatizing Medical Malpractice Claims
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law has authored an interesting article entitled, Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical...
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Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky...
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state....
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N. D. of Texas Refuses to Grant Nonsignatory Samsung’s Motion to Compel...
The Northern District of Texas has refused to grant mobile telephone maker Samsung’s motion to compel arbitration in a putative class-action lawsuit brought by a number of unsatisfied Sprint and...
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Fifth Circuit Affirms Arbitrator’s Decision in Insurance Dispute
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration. In Why Nada Cruz, LLC v. ACE...
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Summary of Managing Construction Conflict: Unfinished Revolution, Continuing...
Professor Stipanowich has recently completed another article for The Construction Lawyer titled Managing Construction Conflict: Unfinished Revolution, Continuing Evolution which discusses the evolution...
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Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable...
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion to compel arbitration. In Mission Petroleum Carriers, Inc. v. Kelley, No....
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American Airlines to Engage in Binding Arbitration With Flight Attendants
Fort Worth-based American Airlines will reportedly engage in binding arbitration with the company’s flight attendants next month. Over the weekend, more than 16,000 cabin crew employees voted on...
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Part Two: Arbitration in Evolution
In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine...
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NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA
The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361...
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Dallas Court Dismisses Lawsuit Challenging Arbitrator Panel in $2.25 Billion...
The Northern District of Texas in Dallas has dismissed a lawsuit challenging the selection of a panel of arbitrators. In AVIC Intern. USA, Inc. et al. v. Tang Energy Group, Ltd. et al., No....
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S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment...
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D....
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El Paso COA Orders Workers' Compensation Non-Subscriber Negligence Lawsuits...
Texas’ Eighth District Court of Appeals has ruled that a boot manufacturer may require its workers to arbitrate their workplace injury claims under a provision included in the workers’ employment...
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