Menu
Archived articles from August 2009
20 articles found
GUEST-POST PART III | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 17, 2009
Part III: Background and Procedural History of the Stolt-Nielsen Case By Philip J. Loree Jr. Introduction Back when the buzz about Stolt-Nielsen focused on how the court breathed new life into the “manifest disregard of the law” standard, the facts of the case were not nearly as important as its discussion of the law. Ordinarily, though, the practice of law is the practice of facts, and as respects the question whether the Second Circuit’s holdin
Recent Developments in Arbitration of Consumer Disputes
By Victoria VanBuren - August 14, 2009
The Wall Street Journal reported yesterday that Bank of America will no longer require mandatory arbitration on customers’ credit card disputes (hat tip to our blog contributor Glen M. Wilkerson). Find Bank of America’s letter to Congressman Dennis Kucinich here and press release here. Back in July, JPMorgan Chase suspended mandatory arbitration as well. In case you missed the recent developments in consumer arbitration, here are some
GUEST-POST: Creative Mediation for IT Dispute
By Victoria VanBuren - August 12, 2009
By Peter S. Vogel After receiving a Temporary Restraining Order (“TRO”) the Judge ordered a mediation conference between the plaintiff software licensor and their customer in Alabama. The software in dispute was a specialized tax website that the plaintiff had spent many years developing, and after defendant abruptly terminated the license the plaintiff was shocked that the defendant had a competing website providing specialized tax s
State Bar of Texas: Alternative Dispute Resolution Section
By Victoria VanBuren - August 11, 2009
Please join Disputing in welcoming the new leadership (as of July 1, 2009) of the Alternative Dispute Resolution Section of the State Bar of Texas : John Allen Chalk, Sr., Chair Wendy Trachte-Huber and Stephen Huber, co-editors of the Alternative Resolutions newsletter Susan Schultz, Chair Elect Regina Giovannini, Treasurer Professor Joe Cope, Secretary John K. Boyce, III, Immediate Past Chair Susan Perin, Council Member, Houston Honorable Anne A
Professor Alan Scott Rau Comments on Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Co.
By Victoria VanBuren - August 10, 2009
Professor Alan Scott Rau, from The University of Texas School of Law, has made the following comments regarding our recent posts on Stolt-Nielsen (see posts Part I, Part II, and Part III). I ‘m afraid I just can’t understand all this talk about “silence,” and I could use some help here. Contracts very often expressly address a problem—in which case courts have the task of “interpreting” just what they said. But often there will be no express prov
GUEST-POST PART II | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 10, 2009
Part II: The Legal Landscape: Green Tree Financial Corp. v. Bazzle By Philip J. Loree Jr. Introduction As discussed in Part I, Stolt-Nielsen is a do-over of sorts. Back in 2003 the United States Supreme Court set out to decide in Green Tree Financial Corp. v. Bazzle whether imposing class arbitration on parties whose agreement is silent on that point is consistent with the Federal Arbitration Act. But that never happened because it turned out the
GUEST-POST PART I | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - August 6, 2009
Part I: Introduction By Philip J. Loree Jr. Introduction The Loree Reinsurance and Arbitration Law Forum is delighted to guest post once again on Karl Bayer’s and Victoria VanBuren’s wonderful ADR blog, Disputing. Because Victoria and I have both written fairly extensively about Hall Street Assoc. v. Mattel, Inc, 128 S. Ct. 1396 (2008), and about two of the most frequently cited cases construing Hall Street’s dictum on manifest disregard of the l
Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’
By Holly Hayes - August 5, 2009
By Holly Hayes As discussed in my previous post, Texas House Bill 2256 was signed into law on June 19, 2009. The bill provides a procedure for mediation of “balance billing,” which is the practice of billing insured patients for amounts or balances not covered by the insurer. HB 2256 also includes the following section on “bad faith” mediation: SUBCHAPTER C. BAD FAITH MEDIATION Sec. 1467.101. BAD FAITH. (a) The following conduct
Disputing Blog Cited by Law Review Article
By Victoria VanBuren - August 4, 2009
Disputing was cited once again by a Law Review Article. See Litigating Alternative Dispute Resolution in the Fifth Circuit, 41 Tex. Tech L. Rev. 739 (2009). Authors Donald R. Philbin Jr. and Audrey Lynn Maness do an excellent job at surveying Fifth Circuit decisions related to arbitration. Check it out! Technorati Tags: arbitration, ADR, law, Fifth Circuit
The Impact of E-Discovery on Arbitration
By Victoria VanBuren - August 3, 2009
Ever wondered how technology is changing the discovery process? This weekend, I stumbled upon an article written by Peter S. Vogel about the impact of electronically stored information (“ESI”) on litigation and arbitration. Here is an excerpt: In 2006, the federal rules of civil procedure (and since then, many state rules as well) were changed to specifically deal with ESI. If you have been reading any reports of trials, you will know
12
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy