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Archived articles from 2014
173 articles found
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
By Beth Graham - July 8, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law, and Zachary P. Ulrich, Research Fellow at the Straus Institute for Dispute Resolution, have published Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Penn State Yearbook on Arbitration and Mediation 1 (2
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers
By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).
In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers
By Beth Graham - July 1, 2014
Professor E. H. Morreim, University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine, has published a timely article entitled, In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers, The Health Lawyer 2014; 25(3): 10-14.
N.D. of Texas Again Refuses to Consider Texas Securities Act Claim Over Previous Arbitration
By Beth Graham - June 30, 2014
The Northern District of Texas has refused to reconsider an order dismissing a previously arbitrated Texas Securities Act case due to claim preclusion.
Bioethics Mediation at the End of Life: Opportunities and Limitations
By Beth Graham - June 25, 2014
Ellen A. Waldman, Professor of Law at the Thomas Jefferson School of Law has published a stimulating article entitled, Bioethics Mediation at the End of Life: Opportunities and Limitations, Cardozo Journal of Conflict Resolution, Vol. 15, No. 2, p. 449, 2014; Thomas Jefferson School of Law Research Paper No. 2446758.
Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit
By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
Parallel Justice: Creating Causes of Action for Mandatory Mediation
By Beth Graham - June 18, 2014
Hamline University School of Law Professor Marie A. Failinger has authored Parallel Justice: Creating Causes of Action for Mandatory Mediation, University of Michigan Journal of Law Reform, Vol. 47, p. 359 (2014 Forthcoming).
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