Browsing by Author "Maness, Audrey Lynn"
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Item Litigating Alternative Dispute Resolution in the Fifth Circuit(Texas Tech Law Review, 2008) Philbin, Donald R. Jr.; Maness, Audrey LynnTracks arbitration challenges as they would appear in a lawsuit by dealing first with opinions regarding jurisdiction and arbitrability, and then addressing judicial review of subsequent awards. Because Mattel has been so influential to the issue of judicial review, particularly in a circuit that followed a different rule for a decade, a significant portion of this Article is dedicated to that issue.Item Still Litigating Arbitration In The Fifth Circuit, But Less Often(Texas Tech Law Review, 2009) Philbin, Donald R. Jr.; Maness, Audrey LynnBy opinion numbers, litigation of arbitration appears to be down in the Fifth Circuit. Successful challenges to arbitration are up. Of thirteen opinions turning on the motion to compel question during the survey period, the Fifth Circuit did not compel six of them to arbitration.