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Trial Date and Mediation Set in Massey Energy Coal Slurry Case
By Victoria VanBuren - August 30, 2010
Here is an update from the Associated Press about the Massey Energy pollution case: By VICKI SMITH Hundreds of southern West Virginia residents who claim Massey Energy Co. poisoned their wells and made them sick by pumping coal slurry underground will get their day in court next year — and a chance to settle the case this fall. A mass litigation panel handling the long-delayed lawsuit against Virginia-based Massey and subsidiary Rawl Sales
US MSHA Unveils Pilot Mediation Program
By Victoria VanBuren - August 26, 2010
Platts reports that the U.S. Mine Safety and Health Administration (MSHA) just launched a pilot mediation program. Here are the details: Washington (Platts)–20Aug2010/540 pm EDT/2140 GMT US mine safety regulators plan to revert to a speedier mediation process during a 90-day test period starting later this month in an effort to reduce the number of citations appealed by operators. The Mine Safety and Health Administration said Friday it pla
Disputing’s 5-Year Anniversary
By Victoria VanBuren - August 24, 2010
We are happy to share with you that our blog Disputing turns five today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Three Law Review Articles have cited Disputing (here, here and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration Fairnes
College of Commercial Arbitrators Issues Protocols for Expeditious, Cost-Effective Commercial Arbitration
By Victoria VanBuren - August 23, 2010
The College of Commercial Arbitrators (CCA) has issued its Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions. Professor Thomas J. Stipanowich, contributor of this blog, is the Editor-in-Chief of this excellent resource and Curtis E. von Kann and Deborah Rothman participated as Associate Editors. You may download the protocols here. Te
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
Legal Issues in the Development of the Internet | State Bar of Texas WEBCAST, Aug 25th
By Victoria VanBuren - August 18, 2010
Mark your calendars! Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Legal Issues in the Development of the Internet: The Five Big Bang Theory,” a State Bar of Texas Webcast on Wednesday, August 25, 2010 from 12:30-1:30pm CST. TOPICS: Statutes and judicial rulings have impacted the development of the Internet, and this program will include a description of how laws including antitrust and in
Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - August 17, 2010
The United States Court of Appeals for the Fifth Circuit held that a defendant had waived its right to compel arbitration because its substantial invocation of the judicial process had prejudiced the plaintiff. In MC Asset Recovery, LLC v. Castex Energy, Inc., No. 09-10451 (5th Cir. Aug. 2, 2010) MC Asset Recovery, LLC (MCAR) sued Castex Energy, Inc. (Castex) alleging breach of a purchase and sale agreement. The district court denied Castex’
Article | Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
By Victoria VanBuren - August 16, 2010
We came across the article Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International, by Robert E. Crotty from Kelley Drye & Warren LLP. Here is an excerpt: The U.S. Supreme Court’s April 27 ruling in Stolt-Nielsen v. AnimalFeeds Int’l. (No. 08-1198), leaves numerous questions unanswered, says attorney Robert E. Crotty in this BNA Insight. The five-justice majority rule
Article | Research in International Commercial Arbitration: Special Skills, Special Sources
By Victoria VanBuren - August 12, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, wrote recently the interesting article International Commercial Arbitration: Special Skills, Special Sources, American Review of International Arbitration, Vol. 20, No. 2, 2010. Professor Strong discusses practical issues confronting young attorneys in international commercial arbitration. Here is an excerpt: I. INTRODUCTION International commercial
Wisconsin Supreme Court Vacates Arbitration Award Reinstating Lawyer
By Victoria VanBuren - August 11, 2010
On July 21, 2010 the Supreme Court of Wisconsin decided Sands v. Menard, Inc., 2008AP1703. The employment discrimination case made national headlines because an arbitral panel awarded Sands, former general counsel for Menard, $1.6 million which included $900,000 in punitive damages. Furthermore, the panel ordered Sand’s reinstatement to her position with a salary of $175,000 per year plus a bonus (she previously earned $70,000 per year). Th
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