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Archived articles from May 2011
23 articles found
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
U.S. Congress Introduces the Arbitration Fairness Act of 2011
By Victoria VanBuren - May 16, 2011
As discussed last week, the 112th Congress is now contemplating the Arbitration Fairness Act of 2011. The Senate version was introduced by Sen. Al Franken on May 12, 2011 with 12 co-sponsors. Similarly, Rep. Johnson, Henry C. “Hank,” Jr. introduced the House version with 62 co-sponsors. The Arbitration Fairness Act of 2011 would ban mandatory pre-dispute arbitration clauses in employment, consumer, and civil rights cases. Senate versi
Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn
By Victoria VanBuren - May 13, 2011
The Supreme Court of Texas has held that the Texas General Arbitration Act (TAA) allows judicial review of arbitral awards by agreement beyond what the Federal Arbitration Act (FAA) allows. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Lehrmann joined. Chief Justice Jefferson, joined by Justice Wai
Skadden: Standard Arbitration Clauses for the AAA, ICDR and ICC
By Victoria VanBuren - May 12, 2011
Lea Haber Kuck and Julie Bédard from Skadden, Arps, Slate, Meagher & Flom LLP created recently a helpful selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). The clauses have integrated notes with explanations and drafting tips. Read the standard arbitration clauses here. Technorati Tags: law, ADR, ar
ABA Dispute Resolution Magazine | Judicial Mediation and Settlement
By Victoria VanBuren - May 11, 2011
The Winter 2011 edition of the ABA Dispute Resolution Magazine is out! Here is the table of contents: Judges and Settlement: So Little Regulation With So Much at Stake, By John C. Cratsley The Judicially Hosted Settlement Conference—My Case in the Balance: Musings of a Trial Attorney, By Gregory D. Brown Think I Blew It, By Kristena A. LaMar Is a Robe Ever Enough? Judicial Authority and Mediation Skill on Appeal, By Claudia L. Bernard Judge Settl
Google Consent Decree Provides for Arbitration of Disputes
By Victoria VanBuren - May 10, 2011
The recent consent decree between the Department of Justice and Google, allows Google to acquire ITA, a provider of fare-calculations for online travel agencies. The settlement requires Google, among other things, to: (1) continue developing ITA’s software products and license them to travel vendors on reasonable terms, (2) implement an internal firewall to prevent Google from gaining access to commercially sensitive information of travel vendors
Senator Al Franken Announces Plan to Reintroduce the Arbitration Fairness Act
By Victoria VanBuren - May 9, 2011
In response to the U.S. Supreme Court decision in AT&T, Mobility, LLC v. Concepcion, Senator Al Franken announced his plan to reintroduce the Arbitration Fairness Act . The Act would ban mandatory arbitration clauses in employment, consumer, and civil rights cases. “This ruling is another example of the Supreme Court favoring corporations over consumers,” said Sen. Franken. “The Arbitration Fairness Act would help rectify th
Resident Communication Improves After Formal Training
By Holly Hayes - May 6, 2011
by Holly Hayes A Canadian study, “Assessing Residents’ Communication Skills: Disclosure of an Adverse Event to a Standardized Patient” from the March Journal of Obstetrics and Gynecology Canada (JOGC) reported results of a study to assess “residents’ communication skills involving the disclosure of a poor outcome to a standardized patient using a standardized patient encounter, and to compare their performance before and after f
AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision
By Victoria VanBuren - May 5, 2011
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of class-wide arbitration procedures. We thought you would like to read some interesting commentary about the opinion: AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in ar
U.S. Supreme Court Grants Certiorari to Consumer Arbitration Case
By Victoria VanBuren - May 4, 2011
On May 2, 2011 the U.S. Supreme Court granted certiorari to yet another consumer arbitration case, CompuCredit Corp. v. Greenwood, No. 10-948. In Greenwood, the Ninth Circuit decided whether the word “sue,” as used in the Credit Repair Organization Act (“CROA”) means “arbitrate.” The court concluded that Congress meant what it said in using the term “sue,” and that it did not mean “arbitrate.” The Supreme Court is expected to resolve a spit betwe
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