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Archived articles from 2010
258 articles found
Cull and Cull v. Perry Homes – the Saga Continues
By Beth Graham - December 2, 2010
Last week, a second round of mediation was ordered in Cull and Cull v. Perry Homes. The ten-year-old dispute has already been the subject of an arbitration, a trial and a court-ordered mediation. Briefly, here are the facts of the case: In 1996, the Culls purchased a house from builder Perry Homes. After problems with the foundation and construction caused the appraised value of their house to plummet from more than $233,000 to $41,000 in only a
Poll |The 4th Annual ABA Journal Blawg 100
By Beth Graham - December 1, 2010
Voting is currently underway in the fourth annual ABA Journal Blawg 100. The Blawg 100 is compiled by the staff of the ABA Journal and as they state, it “is largely a favorites’ list.” Readers are invited to vote for up to 12 of their favorite blawgs from among the top 100 in each of 12 categories. The categories include: Court Watch Law Biz News Law Prof Plus Torts In Labor IP Law Criminal Justice IMHO Niche For Fun Legal Tech Blawgs
Corpus Christi Appeals Court Affirms Arbitration Award
By Beth Graham - November 30, 2010
The Corpus Christi Court of Appeals has affirmed an arbitration award stemming from an irrevocable family settlement agreement. In In re Cantu, No. 13-08-00708-CV, (Tex. App. — Corpus Christi, November 18, 2010), several disputes arose between the seven children of an elderly widow regarding her care and custody and the disposition of her estate. Following a court-ordered mediation, all seven of the widow’s children entered into an irrevoca
Guest Post Part II.A | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 29, 2010
Part II.A: Section 2 Express Preemption – Textual Analysis by Philip J. Loree Jr. I. Introduction Part I of this series (here) was published the day before the United States Supreme Court heard oral argument in AT&T Mobility, LLC v. Concepcion, No. 09-893 (blogged here, here, here and here). Now that the argument has taken place, and we have had a chance to review the transcript (here), and listen to the audio (here), it’s time to begin delvi
GUEST-POST | The Arbitration Vacatur Law Uncertainty Principle
By Beth Graham - November 24, 2010
by James M. Gaitis According to the Heisenberg Uncertainty Principle, (1) the position and momentum of an object cannot simultaneously be precisely known and (2) even more tantalizing, the more precisely one property (whether position or momentum) can be measured, the less precisely can the other. For those that seek overall clarity as to what is going on at the particle and wave level of physics (and perhaps in their everyday lives), the Uncerta
Article | Class Arbitration Outside the United States: Reading the Tea Leaves
By Beth Graham - November 23, 2010
A new paper is available from S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, entitled Class Arbitration Outside the United States: Reading the Tea Leaves. The paper was initially presented at the International Chamber of Commerce’s (ICC) Thirtieth Anniversary Annual Meeting on Multiparty Arbitration, held last December in Paris. The finished work appears in Dossier VII: Arbitration and Multipart
District of Columbia Adopts Foreclosure Mediation Process
By Beth Graham - November 22, 2010
Another United States jurisdiction has adopted a mediation process to address the ongoing foreclosure crisis. The District of Columbia (D.C.) Council approved the “Saving D.C. Homes from Foreclosure Act of 2010,” earlier this month. The measure requires lenders to participate in six months of mediation with a homeowner prior to foreclosure. According to the Washington Post: Mediation allows the borrower and the lender’s representative to ne
GUEST BLOG: Current Issues in eDiscovery & ADR
By Beth Graham - November 19, 2010
by Peter S. Vogel Michael Geigerman was the Moderator for a half seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29, 2010. Mr. Geigerman is a full-time Mediator in St. Louis, the Managing Director of United States Arbitration & Mediation Midwest, Inc. (USA&M Midwest Inc.), and is an Adjunct Professor at the Washington University School of Law where he runs the ABA
Innovation Center Launched by CMS
By Holly Hayes - November 18, 2010
by Holly Hayes On November 17, 2010, the Centers for Medicare & Medicaid Services (CMS) established the CMS Innovation Center. The Center will “examine new ways of delivering health care and paying health care providers that can save money for Medicare and Medicaid while improving the quality of care.” The Innovation Center will consult stakeholders across the health care sector including hospitals, doctors, consumers, payers, sta
Dallas Court of Appeals Compels Arbitration in Attorney-Client Dispute
By Beth Graham - November 17, 2010
The Dallas Court of Appeals has overturned a district court’s refusal to compel arbitration in two related attorney-client dispute cases. In BDO Seidman, LLP v. J.A. Green Development Corp., 05-09-01520-CV (Tex. App. – Dallas, Nov. 9, 2010) and Sidley Austin Brown & Wood, LLP v. J.A. Green Development Corp., 05-10-0008-CV (Tex. App. – Dallas Nov. 9, 2010), real estate development company Green sought tax advice from BDO Seidman and Sidley Aus
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