Menu
Archived articles from 2010
258 articles found
Article | From Class to Collective: The De-Americanization of Class Arbitration
By Beth Graham - November 16, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, recently wrote an interesting article entitled From Class to Collective: The De-Americanization of Class Arbitration, Arbitration International, Vol. 26, No. 4, 2010. In the article, Professor Strong considers in detail what new forms of group arbitration will likely arise in the future. Here is the Abstract: Opponents to international class arbitra
48 New Mediators Sworn In to Nevada Foreclosure Mediation Program
By Beth Graham - November 15, 2010
On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session. According to a June 21, 2010 fact sheet: The FMP applies to residential properties located in Nevada that are owner occupied and the primary home of the owners. Additional eligibilit
Fulbright & Jaworski Release 2010 Litigation Trends Survey
By Beth Graham - November 12, 2010
Fulbright & Jaworski has released its 2010 Litigation Trends Survey: Companies Expect More Litigation, Regulation; Continue Emphasis on Managing Legal Cost In Struggling Economy. The 2010 Fulbright & Jaworski Litigation Trends Survey was conducted from May through July by Greenwood Associates, a business research firm in Houston that has produced previous editions of the report. The survey, launched by Fulbright in 2004, is the largest po
Northern District of Texas Refuses to Compel Arbitration in Bankruptcy Proceeding
By Beth Graham - November 11, 2010
The Northern District of Texas has refused to compel arbitration in a bankruptcy proceeding where the equities did not weigh in favor of ordering a non-signatory to arbitration, the party who sought to compel arbitration substantially engaged in adversarial proceedings and issues of bankruptcy law predominated. In Hallwood Group, Inc. v. Balestri (No. 3:10-CV-1198-K) (N.D. Tex. Oct. 21, 2010), the Hallwood Group appealed a bankruptcy court’
Supreme Court Hears Arguments in AT&T Mobility LLC v. Concepcion
By Beth Graham - November 10, 2010
The United States Supreme Court heard oral arguments Tuesday in AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit. AT&T concerns the applicability of state law unconscionability defenses to class arbitration exclusion clauses in consumer arbitration agreements. In the case, Vincent and Liza Concepcion sued AT&T in California over a charge of approximately $30 in connection with purchasing a ce
Supreme Court to Hear AT&T Mobility LLC v. Concepcion Today
By Beth Graham - November 9, 2010
The U. S. Supreme Court will hear AT&T Mobility LLC v. Concepcion, 09-893, a class-wide arbitration case from the 9th Circuit, today. In the case, the Court is asked to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning enforcement of an arbitration agreement on the availability of particular procedures when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to
Guest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 8, 2010
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones that do not inspire much in the way of intensive, ideological debate. Generally the Court’s arbitration-related cases fall into this latter category, though last term saw the Court decide 5-3 and 5-4 along ideological lines two politically controvers
Guide for Negotiating an Electronic Health Record (EHR) Contract
By Holly Hayes - November 5, 2010
by Holly Hayes Physician News Digest posted a beginner’s guide to negotiating an Electronic Health Record (EHR) software license agreement. EHR contracts are similar to other software license agreements, but issues specific to health care, including provisions related to HIPAA and “meaningful use” provisions, need to be addressed. The guide focuses on five key areas of a software license agreement (SLA): User license Implementat
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
By Beth Graham - November 4, 2010
The Dallas Court of Appeals has held the mandatory notice requirements set forth in Section 74.451 of the Texas Civil Practice and Remedies Code rendered an arbitration provision unenforceable where the McCarran-Ferguson Act (MFA), 15 U.S.C. § 1012(b), preempted the Federal Arbitration Act (FAA). In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (F
Article | ADR in Labor and Employment Law During the Past Quarter Century
By Beth Graham - November 3, 2010
An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy