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Archived articles from November 2015
10 articles found
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - November 25, 2015
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration.
Texas Supreme Court Agrees to Consider Whether Estate Arbitration Award Should Have Been Vacated
By Beth Graham - November 23, 2015
On Friday, the Supreme Court of Texas agreed to consider whether the Fourth Court of Appeals in San Antonio committed error when it refused to vacate an arbitral award on common-law grounds in a mineral and property rights transfer dispute among family members.
The Clash: Mandatory Arbitration and Administrative Agency and Representative Access
By Beth Graham - November 23, 2015
Maureen Weston, Professor of Law at Pepperdine University School of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project, has published “The Clash: Mandatory Arbitration and Administrative Agency and Representative Access,” Southern California Law Review, Vol. 89, 2015; Pepperdine University Legal Studies Research Paper No. 2015/12.
Faith-Based Arbitration Increasing Across the U.S.
By Beth Graham - November 19, 2015
The arbitration process has the potential to eliminate many of the negative aspects of litigation including lengthy delays, inefficiencies, and confidentiality concerns.
NLRB Yet Again Rules Class Arbitration Waivers in Employment Contracts are Invalid
By Beth Graham - November 18, 2015
The National Labor Relations Board (“NLRB”) has yet again ruled that a class arbitration waiver included in an employment contract violates the National Labor Relations Act (“NLRA”).
Fifth Circuit Adheres to D.R. Horton, Upholds Class Arbitration Waiver in Employment Dispute
By Beth Graham - November 17, 2015
The United States Court of Appeals for the Fifth Circuit has once again rejected the National Labor Relations Board’s (“NLRB”) efforts to ban class action arbitration waivers.
The Special Nature of International Insurance and Reinsurance Arbitration
By Beth Graham - November 16, 2015
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law and Senior Fellow at the Center for the Study of Dispute Resolution, has written “The Special Nature of International Insurance and Reinsurance Arbitration: A Response to Professor Jerry,” 2015 Journal of Dispute Resolution, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-21.
Dispute Resolution, Insurance, and Points of Convergence
By Beth Graham - November 16, 2015
Robert H. Jerry, II, Isidor Loeb Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution, University of Missouri School of Law, has published “Dispute Resolution, Insurance, and Points of Convergence,” 2015 Journal of Dispute Resolution, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-28.
“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim
By Beth Graham - November 13, 2015
Disputing would like to invite you to read Liz Kramer’s recent blog post entitled “'Older Workers' Do Not Have To Arbitrate Statutory Employment Claim.”
Building Trust in E-commerce Through Online Dispute Resolution
By Beth Graham - November 4, 2015
Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15.
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