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Leading the News: Top Texas Court Nixes Switch to Arbitration on Eve of Trial For the first time, the Texas Supreme Court vacated an arbitration award based on a waiver of the right to arbitrate. Supreme Court Urged to Allow Waivers of Statutory Claims in CBAs The U.S. Supreme Court is being urged to overturn a federal appeals court decision and hold that an express agreement to arbitrate statutory claims in a collective bargaining agreement (CBA) negotiated by a union and management is enforceable. Court Rules Disclosure Not Legally Required Negates Vacatur Mandate A California appeals court has ruled in a case of first impression that an arbitrator was not required to recuse himself at a party's request after he disclosed his prior service on the board of a professional legal organization on which the adversary's counsel and its expert witness also served, since this disclosure was not required by law. Michigan Lawmakers Approve Mediation for Property Tax Disputes Michigan lawmakers have sent proposed legislation to Gov. Jennifer Granholm (D) that would authorize the use of mediation to resolve property tax appeals. FINRA Wants Arbitration Claims Against Unnamed Brokers Reported In order to make more information available to the public and regulators, the Financial Industry Regulatory Authority (FINRA) recently proposed a rule amendment that would require securities brokerage firms to report brokers who allegedly engaged in a sales practice violation but are not named as parties in an arbitration proceedings or a civil lawsuit.
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