News
Mediator Fatigue
February 1, 2013
Mediator Fatigue http://kluwermediationblog.com/2013/01/03/mediator-fatigue/
February 1, 2013
Mediator Fatigue http://kluwermediationblog.com/2013/01/03/mediator-fatigue/
Abstention Trumps Arbitration In Tenth Circuit
February 1, 2013
The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under theColorado River doctrine. D.A. Osguthorpe Family P’ship v. ASC Utah, Inc., __ F.3d __, 2013 WL 150221 (10th Cir. Jan. 15, 2013). Though the factual situation inOsguthorpe is unusual, the decision highlights tension between the federal abstention doctrine and case law under the Federal Arbitration Act. Osguthorpe involved...
February 1, 2013
The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under theColorado River doctrine. D.A. Osguthorpe Family P’ship v. ASC Utah, Inc., __ F.3d __, 2013 WL 150221 (10th Cir. Jan. 15, 2013). Though the factual situation inOsguthorpe is unusual, the decision highlights tension between the federal abstention doctrine and case law under the Federal Arbitration Act. Osguthorpe involved...
The New York Times Schizophrenic Medical Malpractice Coverage
February 1, 2013
The New York Times Schizophrenic Medical Malpractice Coverage http://www.thepoptort.com/2013/01/the-new-york-times-schizophrenic-medical-malpractice-coverage.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Thepoptort+%28The+Pop+Tort%29
February 1, 2013
The New York Times Schizophrenic Medical Malpractice Coverage http://www.thepoptort.com/2013/01/the-new-york-times-schizophrenic-medical-malpractice-coverage.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Thepoptort+%28The+Pop+Tort%29
Patent Office Floats Idea of Small-claims Process
February 1, 2013
Patent Office Floats Idea of Small-claims Process http://www.karlbayer.com/blog/national-law-journal-patent-office-floats-idea-of-small-claims-process-deadline-to-submit-comments-is-march-18-2013/
February 1, 2013
Patent Office Floats Idea of Small-claims Process http://www.karlbayer.com/blog/national-law-journal-patent-office-floats-idea-of-small-claims-process-deadline-to-submit-comments-is-march-18-2013/
2012 Case Law Year-In-Review
January 31, 2013
2012 Case Law Year-In-Review http://bowtielaw.wordpress.com/2013/01/03/2012-case-law-year-in-review/
January 31, 2013
2012 Case Law Year-In-Review http://bowtielaw.wordpress.com/2013/01/03/2012-case-law-year-in-review/
Judge Posner on Third-Party Invocation of Forum Selection Clauses
January 31, 2013
Judge Posner on Third-Party Invocation of Forum Selection Clauses http://lawprofessors.typepad.com/contractsprof_blog/2012/12/judge-posner-on-forum-selection-clauses.html
January 31, 2013
Judge Posner on Third-Party Invocation of Forum Selection Clauses http://lawprofessors.typepad.com/contractsprof_blog/2012/12/judge-posner-on-forum-selection-clauses.html
Court Statistics for Fiscal Year 2012 Are Released
January 31, 2013
Court Statistics for Fiscal Year 2012 Are Released http://news.uscourts.gov/court-statistics-fiscal-year-2012-are-released
January 31, 2013
Court Statistics for Fiscal Year 2012 Are Released http://news.uscourts.gov/court-statistics-fiscal-year-2012-are-released
Arbitration Round Up
January 31, 2013
Evident Partiality, Fraud, Corruption, Undue Means Dubois v. Macy’s Retail Holdings, Inc., Case No. 11-4904 (USDC E.D.N.Y. Sept. 13, 2012) (accepting magistrate’sreport and recommendation denying motion to vacate, no corruption, fraud, undue means, or evident partiality; granting motion to confirm) Burbach Aquatics, Inc. v. Huntley Illinois Park District, Case No. 12-6613 (USDC N.D. Ill Nov. 21, 2012) (denying motion to vacate, no evident partiality, no manifest disregard of the law) Gambino...
January 31, 2013
Evident Partiality, Fraud, Corruption, Undue Means Dubois v. Macy’s Retail Holdings, Inc., Case No. 11-4904 (USDC E.D.N.Y. Sept. 13, 2012) (accepting magistrate’sreport and recommendation denying motion to vacate, no corruption, fraud, undue means, or evident partiality; granting motion to confirm) Burbach Aquatics, Inc. v. Huntley Illinois Park District, Case No. 12-6613 (USDC N.D. Ill Nov. 21, 2012) (denying motion to vacate, no evident partiality, no manifest disregard of the law) Gambino...
Eighth Circuit “Owes No Deference” to NLRB Ruling on Class Arbitration
January 31, 2013
One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements waiving class arbitration would be void. This week, the Eighth Circuit became the first federal circuit court to refuse to enforce the NLRB’s ruling. In Owen v. Bristol Care, Inc., __ F.3d __, 2013 WL 57874 (8th Cir. Jan. 7, 2013), an employee sued her employer for violations...
January 31, 2013
One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements waiving class arbitration would be void. This week, the Eighth Circuit became the first federal circuit court to refuse to enforce the NLRB’s ruling. In Owen v. Bristol Care, Inc., __ F.3d __, 2013 WL 57874 (8th Cir. Jan. 7, 2013), an employee sued her employer for violations...
2012 Supreme Court Arbitration Case Law
January 31, 2013
2012 Supreme Court Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-texas-supreme-court/
January 31, 2013
2012 Supreme Court Arbitration Case Law http://www.karlbayer.com/blog/2012-arbitration-case-law-texas-supreme-court/
