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Arbitration
NYSBA/ACCTM National Championship ($10K Prize) Alternative Dispute Resolution Law Student Writing Competition
December 11, 2016
The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the inauguration of the NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition. A $10,000 cash prize will be awarded to the winning submittal as judged by the Editorial Board of the ACCTM American Journal of Mediation along with select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning...
December 11, 2016
The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the inauguration of the NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition. A $10,000 cash prize will be awarded to the winning submittal as judged by the Editorial Board of the ACCTM American Journal of Mediation along with select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning...
The AAA’s New “À La Carte Services”: Gaining Access to Administrative Support Without Filing a Case
December 9, 2016
Parties routinely include American Arbitration Association (AAA) clauses in their contracts because they want (1) access...
December 9, 2016
Parties routinely include American Arbitration Association (AAA) clauses in their contracts because they want (1) access...
A Party Unable to Pay and Proceed with Arbitration May Still Meet Contractual Arbitration Requirements
December 8, 2016
In Tillman v. Rheingold, Valet, Rheingold, Shkolnik & McCartney, No.13-56624 (Ninth Cir. June 15, 2016), the Ninth Circuit held a case may proceed in court when one party is unable to pay for contractual arbitration. The dispute was one for legal malpractice brought by Renee Tillman, who brought an action against the firm of Rheingold, Valet, Rheingold, Shkolnik & McCartney, who Tillman claimed committed malpractice by failing to advise her of the rights of other heirs in a wrongful death...
December 8, 2016
In Tillman v. Rheingold, Valet, Rheingold, Shkolnik & McCartney, No.13-56624 (Ninth Cir. June 15, 2016), the Ninth Circuit held a case may proceed in court when one party is unable to pay for contractual arbitration. The dispute was one for legal malpractice brought by Renee Tillman, who brought an action against the firm of Rheingold, Valet, Rheingold, Shkolnik & McCartney, who Tillman claimed committed malpractice by failing to advise her of the rights of other heirs in a wrongful death...
Wells Fargo Killing Sham Account Suits by Using Arbitration
December 8, 2016
In congressional hearing rooms and on national television, Wells Fargo has vowed to make things right for the thousands of customers who were given sham accounts. The bank’s new chief executive, Timothy J. Sloan, in his first week on the job, said his “immediate and highest priority is to restore trust in Wells Fargo.” But in federal and state courtrooms across the country, Wells Fargo is taking a different tack. The bank has sought to kill lawsuits that its customers have filed over the creation...
December 8, 2016
In congressional hearing rooms and on national television, Wells Fargo has vowed to make things right for the thousands of customers who were given sham accounts. The bank’s new chief executive, Timothy J. Sloan, in his first week on the job, said his “immediate and highest priority is to restore trust in Wells Fargo.” But in federal and state courtrooms across the country, Wells Fargo is taking a different tack. The bank has sought to kill lawsuits that its customers have filed over the creation...
“Intertwined Claims” Estoppel Requires Arbitration
December 2, 2016
Hays, a cardiologist suffering from epilepsy, sued HCA for wrongful discharge as a result of mishandling his illness. The Fifth Circuit agreed that his tortious interference claim against HCA had to be arbitrated, because its viability depended on reference to the employment agreement between him and the specific hospital where he worked. It also affirmed on the theory of “intertwined claims estoppel,” making an Erie guess that the Texas Supreme Court would recognize this theory, and concluding...
December 2, 2016
Hays, a cardiologist suffering from epilepsy, sued HCA for wrongful discharge as a result of mishandling his illness. The Fifth Circuit agreed that his tortious interference claim against HCA had to be arbitrated, because its viability depended on reference to the employment agreement between him and the specific hospital where he worked. It also affirmed on the theory of “intertwined claims estoppel,” making an Erie guess that the Texas Supreme Court would recognize this theory, and concluding...
Book on Arbitration of Trust Disputes
November 16, 2016
SI Strong & Tony Molloy recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased...
November 16, 2016
SI Strong & Tony Molloy recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased...
Article on Global Trust Arbitration
November 11, 2016
S.I. Strong recently published an Article entitled, Global Developments in Trust Arbitration (2016). Provided below is an abstract...
November 11, 2016
S.I. Strong recently published an Article entitled, Global Developments in Trust Arbitration (2016). Provided below is an abstract...
Book on Arbitration of Trust Disputes
November 10, 2016
SI Strong recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize...
November 10, 2016
SI Strong recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize...
Article on the Limits of the Federal Arbitration Act
November 9, 2016
David Horton recently published an Article entitled, The Limits of Testamentary Arbitration, 58 Fla. L. Rev. Forum (2016). Provided below is an abstract of the Article: This is an invited reply to Professor E. Gary Spitko's provocative and creative article, The Will as an Implied Unilateral Arbitration Contract. Professor Spitko argues that arbitration clauses in wills are enforceable because there is a "donative freedom contract" between the state and property owners. As a result, Professor Spitko...
November 9, 2016
David Horton recently published an Article entitled, The Limits of Testamentary Arbitration, 58 Fla. L. Rev. Forum (2016). Provided below is an abstract of the Article: This is an invited reply to Professor E. Gary Spitko's provocative and creative article, The Will as an Implied Unilateral Arbitration Contract. Professor Spitko argues that arbitration clauses in wills are enforceable because there is a "donative freedom contract" between the state and property owners. As a result, Professor Spitko...
Payday Loan Customers Ask Texas Supreme Court to Consider Individual Arbitration Order
November 7, 2016
A group of payday loan customers has asked the Supreme Court of Texas to intervene after the Fourth Court of Appeals in San Antonio ordered the putative class to individually arbitrate their claims against a payday lender that filed criminal complaints against its defaulting customers. In Henry v. Cash Biz, LP, No. 16-0854, payday lender Cash Biz provided short-term loans to individuals in exchange for a fee that was paid upfront using post-dated checks. As part of the company’s agreement to do provide...
November 7, 2016
A group of payday loan customers has asked the Supreme Court of Texas to intervene after the Fourth Court of Appeals in San Antonio ordered the putative class to individually arbitrate their claims against a payday lender that filed criminal complaints against its defaulting customers. In Henry v. Cash Biz, LP, No. 16-0854, payday lender Cash Biz provided short-term loans to individuals in exchange for a fee that was paid upfront using post-dated checks. As part of the company’s agreement to do provide...
