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Archived articles from March 2009
20 articles found
Ninth Circuit Finds Class Action Waiver Unconscionable
By Victoria VanBuren - March 31, 2009
In Chalk v. T-Mobile USA, Inc., No. 06-35909 (9th Cir. Mar. 27, 2009), the issue before the Ninth Circuit is whether a class action waiver in an agreement between T-Mobile and its customers is unconscionable under Oregon law. Steward and Chalk (plaintiffs) bought from T-Mobile a PC card manufactured by Sony. The card enables computers to connect wirelessly to the Internet. By signing the one-year service agreement with T-Mobile, the plaintiffs ac
Texas Bill: Victim-Offender Mediation Program
By Victoria VanBuren - March 30, 2009
A recent bill related to ADR has been filed by the 81st Texas Legislature. H.B. 2139, authored by Rep. McClendon, would establish a victim-offender pretrial mediation program for first time offenders. Status: Left pending in committee on 03/19/2009. Technorati Tags: arbitration, ADR, law, Mediation,
ABA Spring 2009 Conference
By Victoria VanBuren - March 27, 2009
Need CLE credits? The Dispute Resolution Section of the ABA will be hosting its 11th Annual Spring Conference next month. The Conference brochure is here and online registration is here.
Federal Legislation on Alternative Dispute Resolution
By Victoria VanBuren - March 26, 2009
The following bills related to Alternative Dispute Resolution have been introduced recently by the 111st. Congress. H.R. 1214. Filed by Rep. Gutierrez, (D-IL) this bill, titled “Payday Loan Reform Act of 2009,” would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill, among other things, prohibits a mandatory arbitration clause that is “oppressive, unfair, unconscionab
The AIG Bonus Contracts: Legally Unconscionable?
By Victoria VanBuren - March 25, 2009
If you haven’t had enough of the AIG bonuses controversy, here is a post by Andis Kaulins from the LawPundit discussing the legal theory of unconscionability applied to the AIG employment contracts. We were surprised to learn that the standard AIG Employee Retention Plan (Bonus Contract) posted here by The New York Times contains no arbitration clauses. Also, here is a recent post from the ABA Law Journal. And here is yet another article fr
Fifth Circuit Compels Arbitration of Tort Claims
By Victoria VanBuren - March 25, 2009
This week, the Fifth Circuit decided Woodmen of the World Life Insurance Society/ Omaha Woodmen Life Insurance Society v. JRY, No. 08-30405 (5th Cir. Mar. 23, 2009). The defendant-appellees (“JRY” and “TSY”) are parents suing on behalf of the Estate of their minor son (“BMY”) and the plaintiff-appellant Woodmen of the World (the “Society”) is a non-profit fraternal society that provides life insuran
Arbitration Empirical Studies
By Victoria VanBuren - March 24, 2009
So much has been said lately about the “evils” of arbitration, but so little attention has been given to studies regarding arbitration. In this article, from the Vol. 18, No. 1 of the Alternative Resolutions newsletter, John Allen Chalk, Sr. summarizes recent studies on the subject of arbitration, including studies on arbitration participants, attorney surveys, employment arbitration, and consumer arbitration. The article concludes th
Texas ADR Bills
By Victoria VanBuren - March 23, 2009
Following is a list of recent bills related to Alternative Dispute Resolution filed during the 81st Texas Legislature. H.B. 2256. Relating to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans; imposing an administrative penalty. The bills history is here. H.B. 2095. Filed by Rep. Farrar, relating to the regulation of claims against residential home builders.
U.S. Supreme Court Rules on Vaden v. Discover Bank
By Victoria VanBuren - March 19, 2009
Last week we blogged about the U.S. Supreme Court ruling on Vaden V. Discover Bank, No. 07-773, (U.S. Mar. 9, 2009). Justice Ginsburg delivered the opinion of the Court, joined by Scalia, Kennedy, Souter, and Thomas. Chief Justice Roberts concurred in part and dissented in part and was joined by Stevens, Breyer, and Alito. Here is a summary of the case. Discover Bank sued cardholder Vaden in Maryland state court to recover past due charges ($10,6
Texas Court of Appeals Declined to Confirm Arbitral Award
By Victoria VanBuren - March 18, 2009
In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition served to Holt was not verified and Holt did not answer the lawsuit
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