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Archived articles from January 2019
9 articles found
Massachusetts Law Bars Mandatory Arbitration as a Condition of Receiving Free Credit Monitoring Following a Data Breach
By Beth Graham - January 31, 2019
This month, the Governor of Massachusetts signed into law a number of amendments to current state data breach notification legislation.
Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders
By Beth Graham - January 25, 2019
Elayne E. Greenberg, Professor of Legal Practice, Assistant Dean of Dispute Resolution Programs, and Director of the Hugh L. Carey Center for Dispute Resolution at St. John's University School of Law, has published “Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders,” Forthcoming in Arizona State Law Journal Spring 2019; St. John's Legal Studies Research Paper No. 19-0002.
Marriott Won’t Require Data Breach Victims to Individually Arbitrate Claims
By Beth Graham - January 24, 2019
Late last year, hotel giant Marriott International disclosed a data breach that began in 2014 and affected approximately 500 million Marriott and Starwood Preferred guest accounts.
Petition for Review Filed Over $460K Legal Malpractice Arbitration Award
By Beth Graham - January 23, 2019
Earlier this month, the Supreme Court of Texas was asked to consider whether the Beaumont Court of Appeals committed error when it refused to vacate an arbitrator’s $460,000 legal malpractice award.
SCOTUS Holds FAA’s Transportation Worker Exception Applies to Independent Contractors
By Beth Graham - January 18, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included in Section 1 of the Federal Arbitration Act (“FAA”) applies to a case prior to ordering the dispute to arbitration even if a valid delegation clause exists.
ND California Orders FCRA Case to Arbitration Based on Lyft Ride-Sharing App’s TOS
By Beth Graham - January 15, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration.
Connecticut Judicial Branch Begins ODR Pilot Program for Eligible Contract Disputes
By Beth Graham - January 10, 2019
At the beginning of the new year, two Connecticut judicial districts reportedly implemented an online dispute resolution pilot program designed to resolve certain contract disputes without the need for engaging in the judicial process.
Beaumont COA Overturns Jefferson County Order Denying Arbitration in Energy Dispute
By Beth Graham - January 9, 2019
The Beaumont Court of Appeals has reversed a Jefferson County district court’s order denying an energy company’s motion to compel arbitration.
SCOTUS Holds Delegation Clause Must be Enforced Even if Trial Court Deems Arbitration Claim “Wholly Groundless”
By Beth Graham - January 8, 2019
Today, the United States Supreme Court delivered a unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019).
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