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Archived articles from June 2012
20 articles found
Eleventh Circuit Rules that Delegation Provision is Valid under the Federal Arbitration Act
By Victoria VanBuren - June 14, 2012
In In re Checking Account Overdraft Litigation, No. 11-14282 (11th Cir. March 21, 2012). Maxine Given filed a class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The customer agreement included an arbitration clause obligating customers to arbitrate disputes arising out of the checking account; it also stated that whether a disput
Article | Arbitration of environmental disputes
By Victoria VanBuren - June 13, 2012
We stumbled upon the article “Arbitration of Environmental Disputes” by David McCutcheon from Fraser Milner Casgrain LLP. Here is an excerpt: For commercial dispute resolution arbitration has become the preferred solution that provides a fast, efficient and commercially appropriate approach to resolving complicated disputes in a reasonable timeframe. Although there is some use of arbitration for environmental disputes, court actions h
Second Circuit Denies Rehearing to American Express Merchants’ Litigation
By Victoria VanBuren - June 12, 2012
On May 29, 2012, the Second Circuit denied rehearing to Nat’l Supermarkets Ass’n v. Am. Express Travel Servs. Co. (In re Am. Express Merchants’ Litig.), No. 06-1871 cv (2d Cir. May 29, 2012). The underlying case (“Amex III“) had concluded that AT&T Mobility LLC v. Concepcion , 131 S.Ct. 1740 (2011) addresses state contract rights and does not apply to Amex III since Amex III deals with federal statutory rights. (
ABA Teleconference | The Past Year in Arbitration, June 12, 2012
By Victoria VanBuren - June 11, 2012
ABA Dispute Resolution Section will host the teleconference “The Past Year in Arbitration” on June 12 at 12:00-1:30 pm ET. Here are the details: This program will focus on the most important arbitration issues of the last year. Panelists will discuss the United States Supreme Court rulings on arbitration issues, as well as notable federal and state court decisions. Join us for an in depth conversation on the hottest issues in the fiel
Learning from Failures
By Holly Hayes - June 8, 2012
by Holly Hayes Healthcare Executive, a publication of the AmericanCollege of HealthcareExecutives (ACHE), May/June 2012 issue published an article titled “The Importance of Failing Forward” by Paul B. Hofmann. The title refers to the book Failing Forward (2000) by John Maxwell which asks, what will you do when problems occur, will you fail forward or backward? To explain the fail forward concept, Dr. Hofmann refers to a study of physi
Just Court ADR | E-Discovery Mediation and Litigation Planning
By Victoria VanBuren - June 7, 2012
Just Court ADR, the blog of Resolution Systems Institute published an interesting guest-post by Jennifer LaDuke about her experiences at a recent e-Discovery mediation training: As an attorney shifting her career toward mediation, I am always on the lookout for training opportunities to further my skill set and knowledge base. I have previous experience with litigation and electronically-stored information, including participating in a half-dozen
Arbitrator Sues AAA to Recover Unpaid Fees
By Victoria VanBuren - June 6, 2012
In Zaremski v. Am. Arbitration Ass’n, No. 11C5221 (N.D. Ill. May 9, 2012) Plaintiff Miles J. Zaremski worked as an arbitrator on a series of arbitrations pursuant to an agreement with Defendant American Arbitration Association (“AAA”). When the parties to the arbitrations failed to pay Zaremski’s monthly invoices, Zaremski refused to proceed with the arbitrations. AAA removed him as an arbitrator, and Zaremski sued AAA, se
Article | An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements
By Victoria VanBuren - June 5, 2012
We came across an interesting article entitled “An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements,” by Michael L. Rustad, Richard Buckingham, Diane D’Angelo, and Katherine Durlacher, forthcoming at the University of Arkansas at Little Rock Law Review. Here is the abstract: With predispute mandatory arbitration clauses, a large and growing number of social networking sites
Workshop | Collective Redress in the Cross-Border Context: Arbitration, Litigation, and Beyond | June 20-22, 2012
By Victoria VanBuren - June 4, 2012
In the framework of the Henry G. Schermers Fellowship Programme, held this year by Professor S.I. Strong, the Hague Institute for the Internationalisation of Law (HiiL) and the Netherlands Institute of Advanced Studies (NIAS) announce a workshop on the theme ‘Collective Redress in the Cross-Border Context: Arbitration, Litigation and Beyond.’ The workshop aims to explore the various means that can be used to resolve collective legal i
Conflict Engagement Training
By Holly Hayes - June 1, 2012
by Holly Hayes We often receive questions about where to find healthcare mediation training courses. Here is one series of training sessions titled Conflict Engagement for Healthcare Professionals: A Professional Certificate Program that may be of interest. The program is a collaborative project of the Hamline University School of Law’s Dispute Resolution and Health Law Institutes and EHCCO – Emerging HealthCare Communities. Upcoming
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