Karl Bayer's Disputing Blog

Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS

By Beth Graham - November 20, 2017

In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).

First Impressions: Drafting Effective Mediation Statements

By Beth Graham - November 13, 2017

Donna Erez-Navot, Visiting Assistant Clinical Professor at Cardozo School of Law and Interim Director of the Cardozo Mediation Clinic, and Brian Farkas, Attorney at Goetz Fitzpatrick LLP and Adjunct Professor of Law at Cardozo School of Law, have published a useful journal article titled “First Impressions: Drafting Effective Mediation Statements,” Lewis & Clark Law Review, Vol. 22, Forthcoming; Cardozo Legal Studies Research Paper No. 529.

FINRA Seeks Public Comment Regarding Proposed Amendments to Arbitration Rules

By Beth Graham - November 10, 2017

The Financial Industry Regulatory Authority (“FINRA”) has requested public comment regarding two proposed amendments to the organization’s arbitration rules.

DC Court Refuses to Seal Petition to Confirm Arbitration Award

By Beth Graham - November 9, 2017

The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits.

Deregulating Arbitration

By Beth Graham - November 6, 2017

David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming.

CFPB Director Pens Letter Urging President to Veto Measure Rescinding New Arbitration Rule

By Beth Graham - November 3, 2017

On Monday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray released a letter addressed to the President of the United States urging him to veto House Joint Resolution 111.

Suspension Set to Begin for Dallas Cowboys Running Back

By Beth Graham - November 1, 2017

A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.

The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence

By Beth Graham - October 26, 2017

Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) - School of Law, has published “The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41.

Senate Narrowly Votes to Rescind New CFPB Arbitration Rule

By Beth Graham - October 25, 2017

The Vice President has cast a tie-breaking vote in the United States Senate to rescind a new Consumer Financial Protection Bureau (“CFPB”) rule that prohibits most financial service providers such as banks and credit card issuers from requiring consumers to sign mandatory arbitration agreements barring class-action lawsuits.