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Archived articles from 2016
107 articles found
Online Dispute Resolution: Stinky, Repugnant, or Drab
By Beth Graham - December 2, 2016
Professor Robert Condlin, University of Maryland Francis King Carey School of Law, has written an interesting paper entitled, “Online Dispute Resolution: Stinky, Repugnant, or Drab,” U. of Maryland Legal Studies Research Paper No. 2016-40.
Wells Fargo Asks Federal Court to Send Class-Action Lawsuit Over Unauthorized Customer Accounts to Arbitration
By Beth Graham - November 30, 2016
Last week, San Francisco-based bank Wells Fargo reportedly asked a federal judge in Utah to send a proposed class-action lawsuit that was recently filed against the company to arbitration.
Fourth Circuit Upholds $900K FINRA Arbitration Award After Bank Fails to Weigh in on Arbitral Panel
By Beth Graham - November 28, 2016
A unanimous panel of the United States Court of Appeals for the Fourth Circuit has reportedly upheld a contested $900,000 Financial Industry Regulatory Authority (“FINRA”) arbitration award.
Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements
By Beth Graham - November 23, 2016
A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.
SCOTX Asked to Reconsider Request to Vacate Arbitrator’s Award Based on Public Policy Grounds
By Beth Graham - November 22, 2016
In June, the Supreme Court of Texas denied a company’s petition for review that was filed after its motion to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm was denied.
Drafting for Dispute Resolution: A Concise Guide
By Beth Graham - November 18, 2016
John M. Newman, Assistant Professor of Law at the University of Memphis - Cecil C. Humphreys School of Law, has written “Drafting for Dispute Resolution: A Concise Guide.”
Fifth Circuit Holds Arbitrability is a Gateway Issue Where Arbitration Agreement Exists
By Beth Graham - November 16, 2016
The Fifth Circuit Court of Appeals has ordered a worker’s Fair Labor Standards Act (“FLSA”) lawsuit to arbitration.
Delaware Bankruptcy Court Holds Employer’s Class Arbitration Waiver Violates NLRA
By Beth Graham - November 14, 2016
In a case of first impression, a Delaware bankruptcy court has ruled that a class-action waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”) despite containing a 30-day opt-out clause.
State Chart of Relevant Rules or Provisions Governing Mediator Provision of Legal Advice
By Beth Graham - November 10, 2016
Eleanor Crosby Lanier, Managing Attorney for the Mediation Practicum at the University of Georgia School of Law, has compiled a useful resource entitled “State Chart of Relevant Rules or Provisions Governing Mediator Provision of Legal Advice,” University of Georgia School of Law Legal Studies Research Paper No. 2016-37.
Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal
By Beth Graham - November 8, 2016
The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.
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