The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.–Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.

According to the Appeals Court, Supreme Court precedent required the three-judge panel to interpret the Federal Arbitration Act in such a way that favors an agreement to arbitrate even in cases that involve federal statutory claims. This holding is especially significant because the burden of proof regarding the alleged pattern of discrimination would have reportedly shifted to Goldman Sachs if the court had held that Parisi was allowed to pursue a class action claim.

Part Three: Determining the Current Use of ARD by Fortune 1,000 Corporate Counsel.

The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.