Karl Bayer's Disputing Blog

U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts

By Victoria VanBuren - July 20, 2009

As announced by this press release, the U.S. Subcommittee on Domestic Policy will hold a hearing related to arbitration on July 22, 2009. The hearing is entitled “Arbitration or ‘Arbitrary’: The Misuse of Arbitration to Collect Consumer Debts.” Experts invited to testify include: Michael Kelly, Chief Operating Officer, National Arbitration Forum Richard W. Naimark, Senior Vice-President, International Centre for Dispute Resolution, a division of

Texas Bar Journal: Letter to the Editor on Improving Arbitration

By Victoria VanBuren - July 17, 2009

[Update: Lee Keller King currently works at this firm.] The July 2009 Edition of Texas Bar Journal titled “The Electronic Lawyer,” features the following letter to the editor written by Texas attorney Lee Keller King. Mr. King writes in response to a Texas Bar Journal article published in May 2009 (blogged here). We welcome your commentary about this post! I am one of those critics who believe that the trend in mandatory arbitration h

Law Journal Article: “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” and the Federal Arbitration Act

By Victoria VanBuren - July 4, 2009

During this Fourth of July holiday weekend, our good friend Don Philbin stumbled across “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” 40 St. Mary’s L.J. 795 written by the Honorable W. Royal Furgeson, Jr. In the article, Judge Furgeson discusses the Arbitration Fairness Act of 2007, which is analogous to the Arbitration Fairness Act of 2009 (previously blogged here) currently considered in the U.S. Congress. If

The Employee Free Choice Act: Update

By Victoria VanBuren - July 2, 2009

Via the Adjunct Law Prof Blog, we learned that a new coalition, the Business Leaders for a Fair Economy is speaking out in support of the Employee Free Choice Act of 2009. The coalition released this ad, which claims that 1,000 business leaders agree the Employee Free Choice Act is key to restoring the country’s economy. The Act ( Senate version: S. 560 and Status; House version: H.R. 1409 and Status ) is currently in the U.S. Congress and

U.S. Dispute Resolution Legislation: Update

By Victoria VanBuren - June 23, 2009

The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandat

National Arbitration Forum’s Response to NPR Arbitration Story

By Victoria VanBuren - June 17, 2009

In response to the National Public Radio (NPR) story blogged here, Forthright, the administrator for the National Arbitration Forum sent this letter to NPR (link to pdf here). In the letter, Forthright’s CEO addresses the issues of: consumer outcomes in arbitration, claims by former arbitrator Elizabeth Bartholet, and the benefits of arbitration. Thanks to Forthright for sending us the letter and allowing us to share it with our readers.

Employment and Consumer Arbitration: NPR Article

By Victoria VanBuren - June 10, 2009

Yesterday, NPR had an interesting article about the controversial issue of mandatory arbitration of claims between businesses and individuals (employees and consumers). First, the article discusses the unfortunate story of a young woman who was allegedly raped by several men while working in Iraq for Halliburton. At issue in her case ( Jones v. Halliburton ) is a motion to compel arbitration of her tort claims filed by Halliburton. The case remai

Texas Bar Journal Article: The Future of Arbitration

By Victoria VanBuren - May 13, 2009

Mark A. Shank and John L. Turner from Gruber Hurst, Johansen & Hail, LLP wrote a timely article about arbitration, published this month by the Texas Bar Journal. The authors do an excellent job at explaining the virtues of arbitration (speed, informality, and low cost) and at the same time, address the latest challenges to mandatory arbitration by legislation introduced in Congress and the Texas Legislature. If you missed the article, here is

George McGovern Opposes the Employee Free Choice Act

By Victoria VanBuren - May 8, 2009

Yesterday, former Democratic senator and presidential candidate George McGovern spoke out against the Employee Free Choice Act of 2009 (S. 560, status, previously blogged here): Last year, I wrote on these pages that I was opposed to this bill because it would eliminate secret ballots in union organizing elections. However, the bill has an additional feature that isn’t often mentioned but that is just as troublesome — compulsory arbit

U.S. Senate Introduces Its Own Version of the Arbitration Fairness Act

By Victoria VanBuren - May 7, 2009

Last week, the U.S. Senate introduced its own version of the “Arbitration Fairness Act of 2009” (H.R. 1020, status). The new bill ( S. 931, status), also titled “Arbitration Fairness Act of 2009,” is similar, but not identical to H.R. 1020. The Senate bill is discussed in detail by Philip J. Loree Jr. in The Senate Weighs in With Its Own Arbitration Fairness Act. Previous Coverage: Myths of Consumer Protection Law (May 4)