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Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
April 13, 2018
The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even arbitration utilising the same blockchain technology as cryptocurrencies: blockchain arbitration. These forms of alternative dispute resolution, known as “online...
April 13, 2018
The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even arbitration utilising the same blockchain technology as cryptocurrencies: blockchain arbitration. These forms of alternative dispute resolution, known as “online...
On No Longer Reading FLSA Exemptions Narrowly
April 12, 2018
The US Supreme Court decided Encino Motorcars v. Navarro in a way that rejected past precedent requiring courts to read FLSA’s statutory exemptions narrowly. In a 5-4 ruling, the Court ruled that FLSA exempts a service adviser at a car dealership from its overtime protections under the exemption for “any salesman . . . primarily engaged in . . . servicing automobiles.” 29 U.S.C. § 213(b)(10)(A). In doing so, however, Justice Thomas, writing for the majority, rejected the general “principle...
April 12, 2018
The US Supreme Court decided Encino Motorcars v. Navarro in a way that rejected past precedent requiring courts to read FLSA’s statutory exemptions narrowly. In a 5-4 ruling, the Court ruled that FLSA exempts a service adviser at a car dealership from its overtime protections under the exemption for “any salesman . . . primarily engaged in . . . servicing automobiles.” 29 U.S.C. § 213(b)(10)(A). In doing so, however, Justice Thomas, writing for the majority, rejected the general “principle...
Will the Commercialisation of Blockchain Technologies Change the Face of Arbitration?
April 12, 2018
Blockchain technology and its applications are filtering into mainstream industries. This technology has the potential to create...
April 12, 2018
Blockchain technology and its applications are filtering into mainstream industries. This technology has the potential to create...
Introducing Mediation Efficacy Studies
April 11, 2018
Have you ever wondered whether court mediation really saves time and money? If so, we are thrilled to share our new Mediation Efficacy Studies resource with you! Our brilliant Director of Research Jennifer Shack brought her extensive experience studying court ADR to this project — curating, categorizing and summarizing reliable research about whether court mediation really saves time and money, and whether participants experience procedural justice. This new part of our website is built...
April 11, 2018
Have you ever wondered whether court mediation really saves time and money? If so, we are thrilled to share our new Mediation Efficacy Studies resource with you! Our brilliant Director of Research Jennifer Shack brought her extensive experience studying court ADR to this project — curating, categorizing and summarizing reliable research about whether court mediation really saves time and money, and whether participants experience procedural justice. This new part of our website is built...
SCOTX Agrees to Consider Whether Crop Insurance Dispute Was Properly Submitted to Arbitration
April 11, 2018
The Supreme Court of Texas has agreed to consider whether a crop insurance dispute was properly submitted to arbitration. In Jody James Farms, JV v. The Altman Group, Inc. and Laurie Diaz, No. 17-0062, Jody James Farms (“JJF”) purchased crop insurance from Rain & Hail through an insurance agency, the Altman Group, in 2010. The insurance policy contained a lengthy arbitration provision which stated any disputes related to a claim determination made by the insurer must...
April 11, 2018
The Supreme Court of Texas has agreed to consider whether a crop insurance dispute was properly submitted to arbitration. In Jody James Farms, JV v. The Altman Group, Inc. and Laurie Diaz, No. 17-0062, Jody James Farms (“JJF”) purchased crop insurance from Rain & Hail through an insurance agency, the Altman Group, in 2010. The insurance policy contained a lengthy arbitration provision which stated any disputes related to a claim determination made by the insurer must...
Western District of Pennsylvania’s Updates to ADR Policy and Procedures Affect Process for Bringing Sanctions
April 10, 2018
In February, the Western District of Pennsylvania released an order to update the court’s ADR policy and procedures, specifically regarding the procedure used for bringing sanctions. This month, the court released a second order with a minor amendment to the February updates. The largest modification to the court’s policies is the addition of a good faith definition and a new process for bringing motions for sanctions. Under the order, the court defines “good faith” as a “duty...
April 10, 2018
In February, the Western District of Pennsylvania released an order to update the court’s ADR policy and procedures, specifically regarding the procedure used for bringing sanctions. This month, the court released a second order with a minor amendment to the February updates. The largest modification to the court’s policies is the addition of a good faith definition and a new process for bringing motions for sanctions. Under the order, the court defines “good faith” as a “duty...
Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making
April 10, 2018
Professor David Horton, University of California, Davis, School of Law, has published “Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making,” Duke Law Journal, Vol. 68, Forthcoming. In his journal article, Professor Horton compares clause construction decision outcomes for judicial and arbitral proceedings. Here is the abstract: For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate — rather than allowing her to litigate...
April 10, 2018
Professor David Horton, University of California, Davis, School of Law, has published “Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making,” Duke Law Journal, Vol. 68, Forthcoming. In his journal article, Professor Horton compares clause construction decision outcomes for judicial and arbitral proceedings. Here is the abstract: For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate — rather than allowing her to litigate...
One Smoothie, With a Side of Arbitration?
April 9, 2018
After A.D. received several calls from Credit One regarding her mother's (Ms. Serrano) credit card debt, A.D. sued by and through her mother under the Telephone Consumer Protection Act. A.D. did not have an account with Credit One, but Ms. Serrano had opened an account in 2003. When Ms. Serrano opened her account, she signed a cardholder agreement. The agreement included an arbitration provision that required Ms. Serrano and any "authorized user" to arbitrate their claims against Credit One. Eighteen...
April 9, 2018
After A.D. received several calls from Credit One regarding her mother's (Ms. Serrano) credit card debt, A.D. sued by and through her mother under the Telephone Consumer Protection Act. A.D. did not have an account with Credit One, but Ms. Serrano had opened an account in 2003. When Ms. Serrano opened her account, she signed a cardholder agreement. The agreement included an arbitration provision that required Ms. Serrano and any "authorized user" to arbitrate their claims against Credit One. Eighteen...
Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked
April 9, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.” In Raju v. Murphy, No. 17-60550 (5th Cir. Jan. 26, 2018), two physicians, Raju and Murphy, entered into a business contract that included an arbitration clause. Following a disagreement between the doctors, Dr. Raju filed a lawsuit against Dr. Murphy in state court. ...
April 9, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.” In Raju v. Murphy, No. 17-60550 (5th Cir. Jan. 26, 2018), two physicians, Raju and Murphy, entered into a business contract that included an arbitration clause. Following a disagreement between the doctors, Dr. Raju filed a lawsuit against Dr. Murphy in state court. ...
Our Robot Overlords Might Be Delayed
April 8, 2018
One Marcus identifies is building a more flexible technology. Today’s algorithms work only on a narrow range of problems. The goal must be extremely well-defined and unchanging, and huge amounts of data must be available for training. Examples include translating text, recognizing speech and identifying faces in a photo. The algorithm has one job, and researchers supply it with the masses of perfectly organized data required to learn how to do it. Humans regularly perform many tasks that are not so clearly...
April 8, 2018
One Marcus identifies is building a more flexible technology. Today’s algorithms work only on a narrow range of problems. The goal must be extremely well-defined and unchanging, and huge amounts of data must be available for training. Examples include translating text, recognizing speech and identifying faces in a photo. The algorithm has one job, and researchers supply it with the masses of perfectly organized data required to learn how to do it. Humans regularly perform many tasks that are not so clearly...
