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Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton
Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton
Akron Law Review
This Note proceeds in three parts. Part Two provides insight on the history and development of trust law as well as the interest in arbitration to settle trust disputes. Part Three explains the factual background, holding, and rationale of the Supreme Court of Texas in Rachal v. Reitz. Part Four analyzes the Court’s decision and its implications. This part also asserts that the Court ruled correctly by giving effect to the intent of the settlor, including the arbitration agreement in the Texas Arbitration Act, and laying the groundwork for arbitration agreements to be enforced against trustees and beneficiaries on the …
Major League Baseball Players Ass'n V. Garvey Narrows The Judicial Strike Zone Of Arbitration Awards, Tracy Lipinski
Major League Baseball Players Ass'n V. Garvey Narrows The Judicial Strike Zone Of Arbitration Awards, Tracy Lipinski
Akron Law Review
This note examines judicial review of arbitration awards emphasizing if and when a reviewing court can vacate an arbitrator’s award. Part II explores the goals and principles of arbitration, the benefits of arbitration, arbitration legislation, and grounds for vacating an arbitration award. Also discussed in Part II are Supreme Court decisions dealing with judicial review of arbitration awards. Part III provides a statement of the facts, the procedural history, and the United States Supreme Court decision in Major League Baseball Players Ass’n v. Garvey. Finally, Part IV analyzes the Garvey decision, argues for a broader scope of judicial review of …
Gender Differences In Dispute Resolution Practice: Report On The Aba Section Of Dispute Resolution Practice Snapshot Survey, Gina Viola Brown, Andrea Kupfer Schneider
Gender Differences In Dispute Resolution Practice: Report On The Aba Section Of Dispute Resolution Practice Snapshot Survey, Gina Viola Brown, Andrea Kupfer Schneider
Akron Law Review
Some of the goals of the WIDR Committee were to change how neutral selection occurs in disputes, to increase the number of women who serve as neutrals, and to ensure that women and minorities were proportionally represented as neutrals.9 The first step, before suggesting changes, was to understand the current situation in the world of dispute resolution. In fall 2012, the Section of Dispute Resolution surveyed the lawyers belonging to the Section to determine how mediators and arbitrators are selected in legal cases and the types of cases being resolved through the many available dispute resolution processes. Specifically, the survey …
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Akron Law Review
Part I of this article outlines and critiques current law on stays pending appeal of refusals to enforce purported arbitration agreements. Part II proposes a simple analysis of expected error costs to determine whether to stay litigation pending interlocutory appeal of rejections of litigationavoidance claims. This analysis looks to (1) potential harm to plaintiffs of erroneously staying litigation pending appeal, (2) potential harm to defendants of erroneously refusing to stay litigation pending appeal, and (3) the likelihood of each of those types of harms arising, which is based on the likelihood that the district court’s denial of the litigation avoidance …
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Akron Law Review
Part I of this article outlines and critiques current law on stays pending appeal of refusals to enforce purported arbitration agreements. Part II proposes a simple analysis of expected error costs to determine whether to stay litigation pending interlocutory appeal of rejections of litigationavoidance claims. This analysis looks to (1) potential harm to plaintiffs of erroneously staying litigation pending appeal, (2) potential harm to defendants of erroneously refusing to stay litigation pending appeal, and (3) the likelihood of each of those types of harms arising, which is based on the likelihood that the district court’s denial of the litigationavoidance claim …