Menu
Blog Archives
Declaratory Action Not Appropriate to Challenge Interlocutory Arbitration Orders
April 10, 2013
In an arbitration related to an uninsured motorist insurance claim, the insured twice challenged the arbitrators’ discovery rulings by filing declaratory relief actions in state court. The first time, the appellate court affirmed the lower court’s dismissal of the action for failure to first challenge the subject order with the arbitrators. The second time, after the appellant unsuccessfully challenged the orders with the arbitrators, the lower court dismissed the suit for lack of subject matter...
April 10, 2013
In an arbitration related to an uninsured motorist insurance claim, the insured twice challenged the arbitrators’ discovery rulings by filing declaratory relief actions in state court. The first time, the appellate court affirmed the lower court’s dismissal of the action for failure to first challenge the subject order with the arbitrators. The second time, after the appellant unsuccessfully challenged the orders with the arbitrators, the lower court dismissed the suit for lack of subject matter...
NPEs Filed 56 Percent of 2012’s Patent Suits, Study Finds
April 10, 2013
A new study out of UC-Hastings College of the Law reports that patent litigation from non-practicing entities now comprises the majority of patent lawsuits in the United States. In 2012, 56 percent of patent lawsuits were filed by "patent monetization entities," up from 24 percent in 2007, according to the study.
April 10, 2013
A new study out of UC-Hastings College of the Law reports that patent litigation from non-practicing entities now comprises the majority of patent lawsuits in the United States. In 2012, 56 percent of patent lawsuits were filed by "patent monetization entities," up from 24 percent in 2007, according to the study.
Digital Disagreements: Neural Networks and Their Potential
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
Digital Disagreements: Artificial [Intelligence] Arbitration
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
April 9, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Understood broadly, these procedures include formal and informal administrative adjudication, as well as arbitration, mediation and other court-connected and agency-connected innovations. In general, reformers conceived these “alternative” processes as means to end legal (or potentially legal) disputes and escape the perceived costs and inadequacies...
April 9, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Understood broadly, these procedures include formal and informal administrative adjudication, as well as arbitration, mediation and other court-connected and agency-connected innovations. In general, reformers conceived these “alternative” processes as means to end legal (or potentially legal) disputes and escape the perceived costs and inadequacies...
The Supreme Court and the Future of Arbitration: Preemptive Federal Procedural Paradigm?
April 9, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy.” That much is beyond debate. It would be difficult indeed to find a judicial decision applying the FAA that did not begin its analysis by reciting the policy’s existence. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. Eliminating traditional judicial hostility toward enforcing arbitration agreements?...
April 9, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy.” That much is beyond debate. It would be difficult indeed to find a judicial decision applying the FAA that did not begin its analysis by reciting the policy’s existence. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. Eliminating traditional judicial hostility toward enforcing arbitration agreements?...
Arbitration Clauses Prevent Consumers from Presenting Procedurally Difficult Claims
April 9, 2013
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer context has often focused on the wrong issue. Although we have now argued for almost twenty years over whether it is appropriate to require consumers to arbitrate rather than litigate claims against providers of products and services, too often commentators have asked whether consumers win or lose when they bring claims in arbitration, rather than whether consumers’ claims are suppressed or eliminated...
April 9, 2013
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer context has often focused on the wrong issue. Although we have now argued for almost twenty years over whether it is appropriate to require consumers to arbitrate rather than litigate claims against providers of products and services, too often commentators have asked whether consumers win or lose when they bring claims in arbitration, rather than whether consumers’ claims are suppressed or eliminated...
AT&T Mobility and the Future of Small Claims Arbitration
April 9, 2013
Like many other cellular service customers in 2002, Vincent and Liza Concepcion bought what they thought was a free cell phone, but were charged $30.22 in taxes; so they brought a class action against AT&T Mobility LLC (“AT&T”) to recoup those undisclosed fees. Because the Supreme Court upheld the class action waiver in the pre-dispute arbitration clause in the Concepcions’ cell phone contract, if they choose to go forward, they will have to bring their individual claim of $30.22...
April 9, 2013
Like many other cellular service customers in 2002, Vincent and Liza Concepcion bought what they thought was a free cell phone, but were charged $30.22 in taxes; so they brought a class action against AT&T Mobility LLC (“AT&T”) to recoup those undisclosed fees. Because the Supreme Court upheld the class action waiver in the pre-dispute arbitration clause in the Concepcions’ cell phone contract, if they choose to go forward, they will have to bring their individual claim of $30.22...
The Supreme Court and the Future of Arbitration
April 9, 2013
At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program. Over the past twenty five years, the range of disputes subject to binding arbitration – particularly as a result of pre-dispute arbitration agreements — has grown dramatically. The U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class...
April 9, 2013
At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program. Over the past twenty five years, the range of disputes subject to binding arbitration – particularly as a result of pre-dispute arbitration agreements — has grown dramatically. The U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class...
