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All articles by victoria
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Fifth Circuit: Class Arbitration is not a Class Action under CAFA
By Victoria VanBuren - October 11, 2011
In Williams v. Homeland Ins. Co., No. 11-30646 (5th Cir. Sept. 19, 2011), George Raymond Williams brought a class action suit in Louisiana state court on behalf of Louisiana medical providers against operator of preferred provider organization (“PPO”) network and other defendants, alleging violation of PPO notice provisions of Louisiana law. One year later, Williams amended the petition and added three defendants: Corvel Corporation (
ABA Journal Article | Bringing Mediation to Pakistan
By Victoria VanBuren - October 10, 2011
The October 2011 issue of the ABA Journal Magazine features an interesting article about the IFC ‘s Alternative Dispute Resolution project in Pakistan. In 2005, a pilot commercial mediation center was opened in Karachi. This center is expected to serve as the model for conflict mediation in Pakistan and throughout the entire Middle East and North Africa Region. Here is an excerpt: Backlogged courts, litigation-happy parties and risk-averse
Judge Rules that Jamie Leigh Jones Must Pay Halliburton/KBR Court Costs
By Victoria VanBuren - October 7, 2011
As the Wall Street Journal reports, a federal judge in Houston has ordered claimant Jamie Leigh Jones to pay the court costs (nearly $150,000) for suing her former employer Halliburton/KBR. The judge, however, refused to award Halliburton/KBR the attorney’s fees (of over $2 million) the company recently requested. “The fact that Jones presented prima facie claims of sexual harassment and hostile work environment highlights the impropriety o
Second Circuit Clarifies FINRA Rule 12200
By Victoria VanBuren - October 6, 2011
As discussed at the ADR Prof Blog, the Second Circuit held that an issuer who purchases auction-facilitating services for its auction rate securities from a broker-dealer is a “customer” of that broker-dealer within the meaning of the Financial Industry Regulatory Authority (“FINRA”) Rule 12200. FINRA Rule 12200 governs whether FINRA members must submit to FINRA arbitration. In UBS Financial Services Inc. v. West Virginia University H
Sony Updates its Terms of Service Adding Class Arbitration Waiver
By Victoria VanBuren - October 5, 2011
As reported by WIRED, Sony recently revised its online Terms of Service and User Agreement. The move was prompted by the multiple security breaches of earlier this year in which hackers stole data from nearly 75 million Sony PlayStation customers. Section 15 of the revised agreement includes an arbitration clause with a class action waiver provision. Sony, however, provides for a right to op-out of the binding arbitration and class action waiver
CIArb Costs of International Arbitration Survey 2011
By Victoria VanBuren - October 4, 2011
Last week, the Chartered Institute of Arbitrators (“CIArb”) launched the results of the CIArb’s survey into the costs of international arbitration. The survey was completed by arbitrators and lawyers from five continents and includes information on 254 arbitrations conducted between 1991 and 2010. Here are some of the highlights: The survey results indicate that the costs of international arbitration vary depending on where the arbitr
Federal Circuit Unveils Model Order on E-Discovery in Patent Cases
By Victoria VanBuren - October 3, 2011
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance. The final product, “Model Order on E-Discovery in Patent Cases” was unveiled on September 27 by Chief Judge Randall R. Rader at the 2011 E.D. Texas Bench and Bar Conference. The goal of the Model Order, Chief Ju
JAMS Launches International Branch
By Victoria VanBuren - September 30, 2011
JAMS, the U.S. arbitration and mediation provider, has launched its international arm and unveiled a panel of more than 40 arbitrators and mediators to handle cross-border disputes. JAMS International is headquartered in London, with additional hearing locations in Amsterdam, Milan, New York, and Rome. For more information, visit the JAMS International website. The press release is here. Technorati Tags: law, ADR, arbitration
Eleventh Circuit Rules that the Plaintiff’s Act of Amending its Complaint May Allow a Defendant to Resurrect its Previously-Waived Right to Arbitrate
By Victoria VanBuren - September 29, 2011
In Krinsk v. Suntrust Banks, Inc., No. 10-11912 (11th Cir. Sept. 7, 2011) the defendant had participated in the case for nine months without enforcing its right to arbitrate the class action claims. In response to the court’s ruling on the motion to dismiss, the plaintiff amended the complaint and expanded the definition of the putative class from one that covered hundreds of members to one that potentially covered tens of thousands of members. I
ICC Unveils International Centre for ADR
By Victoria VanBuren - September 28, 2011
The International Chamber of Commerce (“ICC”) announced recently the creation of the ICC International Centre for ADR. Based in Paris, members of the Centre actively participate in a variety of consultancy bodies, including a World Bank advisory group, the International Bar Association task force for investor-state mediation rules, and the Board and Independent Standards Commission of the International Mediation Institute. Read the pr
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