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Archived articles from July 2009
24 articles found
Fifth Circuit: You Should Not Be Allowed a Second Bite at the Apple Through Arbitration
By Victoria VanBuren - July 30, 2009
The United States Court of Appeals for the Fifth Circuit held that a party waived its right to arbitrate by waiting one year after the suit was filed before seeking to compel arbitration. In Petroleum Pipe Americas Co., v. Jindal Saw Ltd., (No. 08-20461) (5th. Cir. July 9, 2009) Defendant Jindal Saw Ltd. (“Jindal”) is an Indian manufacturer of pipelines and plaintiff Petroleum Pipe Americas Corp. (“PPA”) is a Texas corpora
Disputing Makes it to Diane Levin’s 5 ADR Blogs to Add to Your Reading List
By Victoria VanBuren - July 29, 2009
Mediation Channel and “unofficial taxonomist of the ADR blogosphere,” has named Disputing as one of the 5 additions to her worldwide directory of ADR blogs at ADRBlogs.com. Diane said: I’ve been tracking and cataloging bloggers world-wide who write about ADR, negotiation, and conflict resolution. It gives me the ability to introduce new and worthy ADR blogs to readers – like the following five blogs. I hope you enjoy them: Loree Reinsurance
GUEST-POST | Part Two: The Emergence in the Last Month of an Express Judicial Recognition that Arbitration Clauses Barring Class Relief in Consumer Agreements Are Void
By Victoria VanBuren - July 28, 2009
By Peter Friedman In Part One, we asked whether there is any solution to the problem created by mandatory arbitration clauses and class action waivers in consumer online transactions. As a general rule, courts hold that mandatory arbitration clauses are enforceable. Thus, for example, the Pennsylvania Law Encyclopedia explains that under the Uniform Arbitration Act, a version of which governs the use of arbitration in virtually 36 states, mandato
GUEST-POST: “Alternative” Dispute Resolution, the Rhetoric of Naming, and the Emerging Trend to Invalidate Mandatory Arbitration Clauses and Class Action Waivers in Consumer Agreements
By Victoria VanBuren - July 27, 2009
By Peter Friedman Part One – The Problem: Mandatory Arbitration clauses that preclude class relief in consumer agreements make arbitration a means of precluding consumers from obtaining any feasible relief. Calling “Alternative Rock” a certain style of music some students at liberal arts colleges enjoy has long given the music a sheen of integrity, the kind of integrity parodied as pretense by calling those fans “granola eaters” who wear Birkenst
ABA CLE | Chicago July 31 | Arbitration: Has It Fulfilled Its Promises?
By Victoria VanBuren - July 25, 2009
Attending the 2009 ABA Annual Meeting? you might find the following event of interest: Please join us for the 2009 ABA Annual Meeting at the Fairmont Hotel in Chicago where the Section of Litigation’s Alternative Dispute Resolution Committee will present: Arbitration: Has It Fulfilled Its Promises? Friday, July 31, 2009, 2:00 – 3:30 pm Moderator: Edward Mullins, Astigarra Davis Mullins & Grossman, P.A., Miami, Florida Panelists wi
Testimony from the U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - July 24, 2009
To follow up on our post of earlier this week, regarding the Congressional hearing on consumer debt arbitration held in Washington D.C. on July 22, we thought we would like to read the Opening Statement by Dennis Kucinich, Chairman, Domestic Policy Subcommittee and the Staff Report. Also, following find links to prepared testimony by the expert witnesses: Testimony of Michael F. Kelly, Chief Operating Officer, National Arbitration Forum Testimony
Client Sues Texas Attorney Over Failed Arbitration
By Victoria VanBuren - July 24, 2009
Our reader Pat Winslow sent us a rather unusual case filed last year in Tarrant County, Texas. In Scott W. Mooring v. Strasburger (No. 231985) (Aug. 18, 2008) Scott W. Moorig sued Charles M. Hosch and his employer, the law firm Strasburger & Price, LLP, for breach of contract and fraud. Mooring claims that he hired Hosch to conduct an arbitration between himself and two former business associates. The complaint alleges that Hosch took the mon
The American Arbitration Association Confirms Today That It Suspends Arbitration of Consumer Debt Collection
By Victoria VanBuren - July 23, 2009
The Wall Street Journal reported that on Tuesday, a representative of the American Bar Association (“AAA”) said the organization will stop participating in consumer-debt-collection disputes until “new guidelines are established.” Read the full story here: An Arbitration Revolution? AAA Joins NAF, Stops Taking New Cases. Hat tip to our good friend and blog contributor Glen M. Wilkerson. Update: The AAA just released the fol
GUEST-POST: The Psychology of Overconfidence and Mediation
By Victoria VanBuren - July 23, 2009
By Don Philbin In this week’s The New Yorker, one of my favorite writers explores how “optimistic overconfidence” contributed to the quick downfall of the mighty Bear Stearns. Malcolm Gladwell, author of Blink, The Tipping Point, and Outliers, chronicles the meteoric rise of Jimmy Cayne, copier salesman turned professional bridge player turned investment banker, to the top of Bear Stearns. A student of history, Gladwell uses the British-led invas
Global Arbitration Review Article: ‘Bad Faith’ Costs Decision Upheld
By Victoria VanBuren - July 22, 2009
Last week, the Global Arbitration Review published an interesting article about a recent case, ReliaStar Life Ins. Co, of N.Y. v. EMC Nat’l Life Co., No. 07-0828 (2nd Cir. Apr. 9, 2009). As previously blogged here, in ReliaStar, the Second Circuit held that inclusion in an arbitration agreement of a broad statement that each party will bear the expenses of its own arbitrator and attorney’s fees, does not deprive the arbitration panel of authority
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