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Arbitration
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...
Nursing Home Cannot Compel Arbitration Under Agreement Signed By Deceased Resident’s Son
April 8, 2013
The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not enforceable because the resident never signed it. GGNSC Omaha Oak Grove, LLC v. Payich, __ F.3d __, 2013 WL 776811 (8th Cir. March 4, 2013). The fact pattern in this case is probably a common one. When the mother entered the nursing home’s care, she did not sign either the...
April 8, 2013
The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not enforceable because the resident never signed it. GGNSC Omaha Oak Grove, LLC v. Payich, __ F.3d __, 2013 WL 776811 (8th Cir. March 4, 2013). The fact pattern in this case is probably a common one. When the mother entered the nursing home’s care, she did not sign either the...
Pepperdine’s Straus Institute for Dispute Resolution Ranked Number One Again
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
Take Harvard Law Survey On Online Arbitration for Consumer Disputes Today!
April 7, 2013
If you want to have an impact on the design of the first online arbitration platform designed specifically for consumer disputes,...
April 7, 2013
If you want to have an impact on the design of the first online arbitration platform designed specifically for consumer disputes,...
Texas Legislative Roundup April 3, 2013
April 7, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: S.B. 1255 – “Relating to binding arbitration of an appraisal review board order determining a protest of an unequal appraisal of the owner’s property.” Bill status. SB 1691 –...
April 7, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: S.B. 1255 – “Relating to binding arbitration of an appraisal review board order determining a protest of an unequal appraisal of the owner’s property.” Bill status. SB 1691 –...
Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration
April 5, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: International commercial arbitration has long been considered...
April 5, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: International commercial arbitration has long been considered...
In Minnesota, Amendments to the Rules of Civil Procedure Highlight Proportionality
April 4, 2013
On February 4, 2013, the Supreme Court of the State of Minnesota adopted amendments to the Rules of Civil Procedure, including...
April 4, 2013
On February 4, 2013, the Supreme Court of the State of Minnesota adopted amendments to the Rules of Civil Procedure, including...
How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act
April 4, 2013
Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration Act and critiques the high court’s decision...
April 4, 2013
Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration Act and critiques the high court’s decision...
Federal Law Proposed to Require Warrants for GPS Data
April 3, 2013
Privacy of GPS data location in the US may improve if Congress passes the proposed bill that would require court-order search...
April 3, 2013
Privacy of GPS data location in the US may improve if Congress passes the proposed bill that would require court-order search...
Seiner on Weathering Wal-Mart
April 3, 2013
Joseph Seiner (South Carolina) has just posted on SSRN his article, Weathering Wal-Mart, which will be published in the Notre...
April 3, 2013
Joseph Seiner (South Carolina) has just posted on SSRN his article, Weathering Wal-Mart, which will be published in the Notre...
