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Archived articles from 2010
258 articles found
2010 Arbitration Case Law: Fifth Circuit
By Beth Graham - December 31, 2010
In 2010, the United States Court of Appeals for the Fifth Circuit decided the following arbitration-related cases: In Hall-Williams v. Law Office of Paul C. Miniclier, PLC, No. 09-30113, (5th Cir., Jan. 13, 2010), the Fifth Circuit compelled arbitration of a fees dispute between a law firm and a former client. The court held the parties’ arbitration clause was enforceable notwithstanding termination of their services contract. (read more here) In
2010 Arbitration Case Law: U.S. Supreme Court
By Beth Graham - December 30, 2010
Today, Disputing continues its 2010 Year-End Highlights. The U.S. Supreme Court decided several cases related to arbitration this year: On April 27, the U.S. Supreme Court handed down its decision in Stolt-Nielsen v. AnimalFeeds, 08-1198. The Court held that “Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq.” On June 1, the Supreme
2010 Arbitration and Mediation Guest-Bloggers at Disputing
By Beth Graham - December 29, 2010
During 2010, Disputing was honored to post contributions from several law professors and practitioners. Some wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. We would like to thank our blog contributors for improving Disputing‘s legal scholarship! If you are interested in submitting materials for Disputing, please e-mail us at: beth@karlbayer.com. Check out our 201
Article | Representation in Mediation: What We Know From Empirical Research
By Beth Graham - December 28, 2010
Dr. Roselle Wissler, Research Director, Lodestar Dispute Resolution Program and Faculty Fellow, Center for Law, Science & Innovation at Arizona State University’s Sandra Day O’Connor College of Law, recently published an article entitled Representation in Mediation: What We Know From Empirical Research, 37 Fordham Urb. L. J. 419 (2010). In her article, Dr. Wissler examines the effect of legal representation on the various stages of the mediat
Southern District of Texas Compels Arbitration in Class-Wide Suit against AT&T
By Beth Graham - December 27, 2010
Last week, the Southern District of Texas compelled arbitration in a class-wide lawsuit filed against AT&T Mobility, LLC. In Johnson v. AT&T Mobility, LLC, No. 4:09-CV-4104, (S.D. Tex., December 21, 2010), an AT&T wireless customer, Johnson, filed a class action lawsuit on behalf of himself and all similarly situated AT&T customers in the State of Texas to recover state and local sales taxes paid on monthly fees for internet servi
Article | Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution
By Beth Graham - December 23, 2010
John Lande, Director of the LLM Program in Dispute Resolution and Isidor Loeb Professor at the University of Missouri School of Law, recently published a useful article entitled Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution, 17 Dispute Resolution Magazine 14, (Fall 2010). In the article, Professor Lande “suggests a strategy to help lawyers counsel clients in choosing dispute resolution options.” Here is the abstract: L
Supreme Court of Texas Holds Non-Binding Mediation Renders a Debtor a “Settling Person”
By Beth Graham - December 22, 2010
The Supreme Court of Texas has held that participation in a non-binding mediation rendered a debtor a “settling person” under Chapter 33 of the Texas Civil Practice and Remedies Code for purposes of determining proportionate liability. In MCI Sales & Serv. v. Hinton, No. 09-0048, (Tex. December 17, 2010), the owner and operator of a motorcoach rental service, Central Texas, filed for Chapter 11 bankruptcy protection after an accident in which
Article | IBA Revises Rules on the Taking of Evidence in International Arbitration
By Beth Graham - December 21, 2010
Disputing would like to thank Paul Lurie for alerting us to an interesting article published in Lexology on December 10th entitled IBA revises rules on the taking of evidence in international arbitration by Stephen Anway and George Von Mehren of the Cleveland, OH office of Squire, Sanders & Dempsey, LLP. Here is a summary: While the revised IBA Rules maintain important aspects of the 1999 version, they introduced several changes intended to u
UT Dallas Wins National Mediation Honors for 2nd Straight Year
By Beth Graham - December 20, 2010
A team of University of Texas at Dallas (UT Dallas) students placed first in the advocate/client division and won the Dan Stamatelos National Trophy for Advocacy at the National Mediation Tournament held November 4-6 at the Drake University Law School in Des Moines, Iowa. 32 teams from 19 schools located across the nation participated in the tournament. An additional UT Dallas team placed second in the advocate/client division, making UT Dallas t
Health Care Mediation Lacks Physician Participation
By Holly Hayes - December 17, 2010
by Holly Hayes This week, a Wall Street Journal Health Blog headline stated, “Big Challenge for Mediation in Medical Malpractice: Doctor Participation.” The post discussed a study published in the Journal of Health Politics, Policy and Law which reviewed 31 cases from New York City non-profit hospitals. The study found that although mediation in a medical malpractice context has potential benefits, no physicians participated in the ca
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