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Updated 5/17/2008 |
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Leading the News:
Second Circuit Rules Motion to Dismiss Not Appealable Under FAA
The U.S. Court of Appeals for the Second Circuit has ruled that the denial of a motion to dismiss an application for interim relief and expedited discovery pending arbitration outside the United States is not immediately appealable under Section 16(a)(1)(B) or (C) of the Federal Arbitration Act (FAA).
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.
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