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Archived articles from October 2011
21 articles found
CompuCredit Corp. v. Greenwood | Supreme Court Hears Oral Arguments
By Victoria VanBuren - October 17, 2011
Last week, the U. S. Supreme Court heard arguments on CompuCredit Corp. v. Greenwood, 563 U.S. _ (2011). The question presented is whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement. Find the transcript of the arguments here. Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir. 2010) (opinion below) is here and Docket 10-948 is h
Welcome Kluwer Mediation Blog!
By Victoria VanBuren - October 14, 2011
We would like to welcome Kluwer Mediation to the blawgosphere! The blog, edited by professor Nadja Alexander and Bill Marsh, will also feature regular collaborators, including: Jeffrey Krivis, Joel Lee, Diane Levin, Geoff Sharp, Rafal Morek, and Machtel Pel. Check out the new Kluwer Mediation Blog here. Technorati Tags: ADR, law, arbitration
Ninth Circuit Rules that Pre-Dispute Mandatory Arbitration Clause Is Invalid Under the Magnuson-Moss Warranty Act
By Victoria VanBuren - October 13, 2011
In Kolev v. Euromotors West/The Auto Gallery, 2011 U.S. App. LEXIS 19254 (9th Cir. Cal. Sept. 20, 2011) a pre-owned car Diana Kolev (“Kolev”) purchased developed serious mechanical problems during the warranty period and the dealership refused to honor her warranty claims. Kolev sued for breach of warranties under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. Section 2301 et seq., breach of contract, and unconscionabi
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
Fifth Circuit: Class Arbitration is not a Class Action under CAFA
By Victoria VanBuren - October 11, 2011
In Williams v. Homeland Ins. Co., No. 11-30646 (5th Cir. Sept. 19, 2011), George Raymond Williams brought a class action suit in Louisiana state court on behalf of Louisiana medical providers against operator of preferred provider organization (“PPO”) network and other defendants, alleging violation of PPO notice provisions of Louisiana law. One year later, Williams amended the petition and added three defendants: Corvel Corporation (
ABA Journal Article | Bringing Mediation to Pakistan
By Victoria VanBuren - October 10, 2011
The October 2011 issue of the ABA Journal Magazine features an interesting article about the IFC ‘s Alternative Dispute Resolution project in Pakistan. In 2005, a pilot commercial mediation center was opened in Karachi. This center is expected to serve as the model for conflict mediation in Pakistan and throughout the entire Middle East and North Africa Region. Here is an excerpt: Backlogged courts, litigation-happy parties and risk-averse
Judge Rules that Jamie Leigh Jones Must Pay Halliburton/KBR Court Costs
By Victoria VanBuren - October 7, 2011
As the Wall Street Journal reports, a federal judge in Houston has ordered claimant Jamie Leigh Jones to pay the court costs (nearly $150,000) for suing her former employer Halliburton/KBR. The judge, however, refused to award Halliburton/KBR the attorney’s fees (of over $2 million) the company recently requested. “The fact that Jones presented prima facie claims of sexual harassment and hostile work environment highlights the impropriety o
Second Circuit Clarifies FINRA Rule 12200
By Victoria VanBuren - October 6, 2011
As discussed at the ADR Prof Blog, the Second Circuit held that an issuer who purchases auction-facilitating services for its auction rate securities from a broker-dealer is a “customer” of that broker-dealer within the meaning of the Financial Industry Regulatory Authority (“FINRA”) Rule 12200. FINRA Rule 12200 governs whether FINRA members must submit to FINRA arbitration. In UBS Financial Services Inc. v. West Virginia University H
Sony Updates its Terms of Service Adding Class Arbitration Waiver
By Victoria VanBuren - October 5, 2011
As reported by WIRED, Sony recently revised its online Terms of Service and User Agreement. The move was prompted by the multiple security breaches of earlier this year in which hackers stole data from nearly 75 million Sony PlayStation customers. Section 15 of the revised agreement includes an arbitration clause with a class action waiver provision. Sony, however, provides for a right to op-out of the binding arbitration and class action waiver
CIArb Costs of International Arbitration Survey 2011
By Victoria VanBuren - October 4, 2011
Last week, the Chartered Institute of Arbitrators (“CIArb”) launched the results of the CIArb’s survey into the costs of international arbitration. The survey was completed by arbitrators and lawyers from five continents and includes information on 254 arbitrations conducted between 1991 and 2010. Here are some of the highlights: The survey results indicate that the costs of international arbitration vary depending on where the arbitr
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