Latest from Disputing - Page 2

The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.  In Trammell v. AccentCare, Inc., No. 18-50872 (5th Cir., June 7, 2019), a woman, Trammell, provided in-home personal care assistance services for a home healthcare provider, AccentCare, for several years as an at-will employee.  In 2016, the company apparently mailed an arbitration agreement to Trammell’s home.  Trammell did…
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.  In Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar, et al., No. 16-30984 (June 25, 2019), two foreign corporate creditors, Daewoo and Thyssenkrupp Mannex GMBH (“TKM”), sought to attach the same pig iron that was owned by America Metals Trading, LLP (“AMT”) after AMT apparently failed to comply with…
Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professor in Empirical Research at Mitchell Hamline School of Law, has published a thoughtful journal article titled, “Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone,” Ohio State Journal on Dispute Resolution, Vol. 34, No. 3, 2019.  In his research paper, Professor Larson discusses the need to ensure individuals with disabilities are both…
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.  In San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc., No. 17-0905, the San Antonio River Authority (“River Authority”) entered into a construction contract to repair and stabilize the Medina Lake Dam with Austin Bridge & Road,…
In a case of first impression, the Supreme Court of Guam has upheld a Texas court’s confirmation of an arbitration award that was issued against a Guam-based business.  In the case, Dresser-Rand Company filed a breach of contract lawsuit against Guam Shipyard in Harris County, Texas after the Guam-based company failed to pay nearly $500,000 in ship repair fees.  In response, Guam Shipyard argued the Texas court lacked personal jurisdiction over the company. …
Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professorship in Empirical Research at Mitchell | Hamline School of Law, has written “Designing and Implementing a State Court ODR System: From Disappointment to Celebration,” Journal of Dispute Resolution, Vol. 2019, No. 2.  In his article, Professor Larson provides valuable insight into his own experience related to assisting in the creation of the New York State…
A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration.  In Hughes v. Ancestry.com, No. WD81996, (Court of Appeals of Missouri, Western District, May 28, 2019), a number of customers purchased DNA-testing kits from Ancestry.com.  In order to obtain their DNA-testing results, the customers created a user account on the website and agreed to the Ancestry.com “Terms and Conditions.”…
The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance policy also contained a conformity to statute provision designed to amend out any contract provisions that fail to comply with state law.  In McDonnel Group, L.L.C. v. Great Lakes Insurance SE,
A bill designed to protect Texas patients from incurring surprise out-of-network medical bills has been sent to Governor Abbott for signature. Senate Bill 1264 titled “Relating to consumer protections against certain medical and health care billing by certain out-of-network providers” would require health insurance companies to utilize alternative dispute resolution mechanisms to resolve so-called balance billing issues with Texas doctors and other medical providers before to sending a bill for the difference to patients. The…
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has written a book chapter titled “Collective Redress Arbitration in the European Union,” in International Arbitration and EU Law (Edward Elgar Publishing Ltd., anticipated 2020); University of Missouri School of Law Legal Studies Research Paper No. 2019-09.  In her forthcoming chapter, Professor Strong discusses the way large-scale legal disputes are resolved in Europe with a…