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Moving Arbitration Online: The Next Frontier
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
Concerted Action Includes Concerted Dispute Resolution
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
Can Mediation Improve EEOC Conciliation?
May 3, 2013
Lorene Schaefer has seen employment discrimination from both sides—as a general counsel who handled bias complaints against...
May 3, 2013
Lorene Schaefer has seen employment discrimination from both sides—as a general counsel who handled bias complaints against...
Ethical Questions for Mediators
May 3, 2013
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and active judges, client representatives, and leading arbitrators and mediators to share experiences and insights, to stay abreast of recent case developments, and to hone instincts and skills as dispute...
May 3, 2013
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and active judges, client representatives, and leading arbitrators and mediators to share experiences and insights, to stay abreast of recent case developments, and to hone instincts and skills as dispute...
Feds Spent Billions to Resolve Suits in 2012
May 3, 2013
The federal government spent more than $4 billion to resolve lawsuits last year, a $1.3 billion increase from spending in 2011, an analysis of government records shows. The 7,000 payments, which are detailed in an obscure database overseen by the Treasury Department known as the Judgment Fund, tell a story of the federal government's inner workings. They highlight often devastating mistakes made by government workers — such as the air-traffic controller who was allegedly making a personal phone...
May 3, 2013
The federal government spent more than $4 billion to resolve lawsuits last year, a $1.3 billion increase from spending in 2011, an analysis of government records shows. The 7,000 payments, which are detailed in an obscure database overseen by the Treasury Department known as the Judgment Fund, tell a story of the federal government's inner workings. They highlight often devastating mistakes made by government workers — such as the air-traffic controller who was allegedly making a personal phone...
Recalled Hip Lawsuit Headed to Mediation
May 2, 2013
Stryker Orthopaedics and some of the 133 people suing the company will attempt to settle claims related to the Mahwah company's recalled hip implants through mediation. Each side will pick five cases for mediation, said Ellen Renkin, an attorney for Weitz and Luxenberg, a law firm representing several of the plaintiffs. If that goes well, more of the cases may take the mediation route. Earlier this month, Judge Brian R. Martinotti ordered both sides to pick a panel of six third-party mediators....
May 2, 2013
Stryker Orthopaedics and some of the 133 people suing the company will attempt to settle claims related to the Mahwah company's recalled hip implants through mediation. Each side will pick five cases for mediation, said Ellen Renkin, an attorney for Weitz and Luxenberg, a law firm representing several of the plaintiffs. If that goes well, more of the cases may take the mediation route. Earlier this month, Judge Brian R. Martinotti ordered both sides to pick a panel of six third-party mediators....
Houston’s First District Refuses to Compel Lease Dispute to Arbitration
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
Using Fear and Guilt to Persuade
May 2, 2013
James Stark and Douglas Frenkel have published Using Fear and Guilt to Persuade: What Might Empirical Research Tell Mediators? in...
May 2, 2013
James Stark and Douglas Frenkel have published Using Fear and Guilt to Persuade: What Might Empirical Research Tell Mediators? in...
Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application of Concepcion
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
Litigation Finance: The Next Hot Trend?
May 2, 2013
If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.” If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version...
May 2, 2013
If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.” If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version...
