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Arbitration Fairness Act of 2013 introduced in Congress
May 24, 2013
Once again, a bill to ban mandatory arbitration of consumer, employment and civil rights disputes has been introduced into both houses of Congress. It is sponsored by Sen. Al Franken (D-MN) and Rep. Hank Johnson (D-GA). The text is not yet available, but the press release states the following: “What the Arbitration Fairness Act Does: • Restores the original intent of the FAA by clarifying the scope of its application. • Amends the FAA by adding a new chapter invalidating agreements that...
May 24, 2013
Once again, a bill to ban mandatory arbitration of consumer, employment and civil rights disputes has been introduced into both houses of Congress. It is sponsored by Sen. Al Franken (D-MN) and Rep. Hank Johnson (D-GA). The text is not yet available, but the press release states the following: “What the Arbitration Fairness Act Does: • Restores the original intent of the FAA by clarifying the scope of its application. • Amends the FAA by adding a new chapter invalidating agreements that...
Interest Arbitration as Alternative Dispute Resolution: The History
May 24, 2013
Joseph E. Slater, Eugene N. Balk Professor of Law and Values at the University of Toledo College of Lawhas published an informative...
May 24, 2013
Joseph E. Slater, Eugene N. Balk Professor of Law and Values at the University of Toledo College of Lawhas published an informative...
Lessons from Mediators’ Stories
May 24, 2013
Professor John Lande of the University of Missouri School of Law has authored a thoughtful paper entitled Lessons from Mediators’ Stories, 34 Cardozo Law Review (Forthcoming August 2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-04. In his article, Professor Lande discusses some of the challenges and pressures mediators and other dispute resolution professionals often face. Here is the abstract: This article is part of a symposium discussing the book,...
May 24, 2013
Professor John Lande of the University of Missouri School of Law has authored a thoughtful paper entitled Lessons from Mediators’ Stories, 34 Cardozo Law Review (Forthcoming August 2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-04. In his article, Professor Lande discusses some of the challenges and pressures mediators and other dispute resolution professionals often face. Here is the abstract: This article is part of a symposium discussing the book,...
Recipe For The Best Arbitration Agreement Ever
May 24, 2013
As a thank you to all the subscribers and readers who continue fueling Arbitration Nation’s success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever. (I know, where did the time go?? The blog is growing up so fast!) What should your arbitration agreement include? How can you best take advantage of the new case law under the FAA? Here are some tips. First, a caveat. I will not include draft language here. That would be what my marketing team...
May 24, 2013
As a thank you to all the subscribers and readers who continue fueling Arbitration Nation’s success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever. (I know, where did the time go?? The blog is growing up so fast!) What should your arbitration agreement include? How can you best take advantage of the new case law under the FAA? Here are some tips. First, a caveat. I will not include draft language here. That would be what my marketing team...
Strategic Citations to Precedent on the U.S. Supreme Court
May 23, 2013
Common law evolves not only through the outcomes of cases but also through the reasoning and citations to precedent employed in judicial opinions. We focus on citations to precedent by the U.S. Supreme Court. We demonstrate how strategic interaction between justices during the Court's bargaining process affects citations to precedent in the Court's opinion. We find that the majority opinion writer relies more heavily on precedent when the Court's decision is accompanied by separate opinions. We also...
May 23, 2013
Common law evolves not only through the outcomes of cases but also through the reasoning and citations to precedent employed in judicial opinions. We focus on citations to precedent by the U.S. Supreme Court. We demonstrate how strategic interaction between justices during the Court's bargaining process affects citations to precedent in the Court's opinion. We find that the majority opinion writer relies more heavily on precedent when the Court's decision is accompanied by separate opinions. We also...
Corpus Christi COA Upholds $31 Million Arbitral Award
May 23, 2013
The 13th District of Texas has upheld an arbitral award in an investment dispute. In Black v. Shor, No. 13-11-00413-CV,...
May 23, 2013
The 13th District of Texas has upheld an arbitral award in an investment dispute. In Black v. Shor, No. 13-11-00413-CV,...
Federal Courts Can Enjoin State Court Litigation of Arbitrable Claims
May 23, 2013
In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or effectuate” an order compelling arbitration. American Family Life Assurance Co. of Columbus v. Biles, __ F.3d __, 2013 WL 1809766 (5th Cir. April 30, 2013). The underlying facts of the case highlight a tragically dysfunctional family. An adult homosexual man named...
May 23, 2013
In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or effectuate” an order compelling arbitration. American Family Life Assurance Co. of Columbus v. Biles, __ F.3d __, 2013 WL 1809766 (5th Cir. April 30, 2013). The underlying facts of the case highlight a tragically dysfunctional family. An adult homosexual man named...
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
May 23, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. In Carter v. SSC Odin Operating Co., LLC, No. 12-1012, the daughter of a woman who died while in the care of an Illinois nursing home filed a wrongful death lawsuit against the facility. At the time of the woman’s admission, her daughter, Sue Carter, signed an arbitration agreement on her incapacitated...
May 23, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. In Carter v. SSC Odin Operating Co., LLC, No. 12-1012, the daughter of a woman who died while in the care of an Illinois nursing home filed a wrongful death lawsuit against the facility. At the time of the woman’s admission, her daughter, Sue Carter, signed an arbitration agreement on her incapacitated...
Judicial References: A Remedy for More Efficient Dispute Resolution
May 23, 2013
With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be the use of judicial references. This involves appointing a neutral to serve the same role as a sitting judge. The authority for judicial references comes both from the California Constitution, Article VI, section 21, which provides for the appointment of temporary judges,...
May 23, 2013
With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be the use of judicial references. This involves appointing a neutral to serve the same role as a sitting judge. The authority for judicial references comes both from the California Constitution, Article VI, section 21, which provides for the appointment of temporary judges,...
The Law and Policy of Judicial Retirement: An Empirical Study
May 22, 2013
Lifetime tenure maximizes judicial independence by shielding judges from political pressures, but it creates problems of its own. Judges with independence may implement their political preferences. Judges may remain in office after their abilities degrade with age. The U.S. federal system addresses these problems in an indirect way. When judges’ pensions vest, they receive a full salary regardless of whether they work. Judges can retire, receive their pension, and obtain paying work elsewhere....
May 22, 2013
Lifetime tenure maximizes judicial independence by shielding judges from political pressures, but it creates problems of its own. Judges with independence may implement their political preferences. Judges may remain in office after their abilities degrade with age. The U.S. federal system addresses these problems in an indirect way. When judges’ pensions vest, they receive a full salary regardless of whether they work. Judges can retire, receive their pension, and obtain paying work elsewhere....
