Need CLE credits? The Dispute Resolution Section of the ABA will be hosting its 11th Annual Spring Conference next month. The Conference brochure is here and online registration is here.
Continue reading...The following bills related to Alternative Dispute Resolution have been introduced recently by the 111st. Congress. H.R. 1214. Filed by Rep. Gutierrez, (D-IL) this bill, titled “Payday Loan Reform Act of 2009,” would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill, among other things, prohibits a mandatory arbitration clause that is “oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers.” Status: referred to the house Committee on Financial Services on 02/26/2009. S. 512. Filed by Sen. Martinez (R-FL) this bill, titled “Fairness in Nursing Home Arbitration Act of 2009,” would prohibit arbitration agreements in nursing home contracts. Status: referred to the Senate Committee on the Judiciary on 03/03/2009. S. 560. Filed by Sen. Kennedy (D-MA), this bill, titled “Employee Free Choice Act of 2009,” would amend the National Labor Relations Act to require first mediation and then binding arbitration if both parties are unable to reach an agreement within certain time frame. Status: referred to the Committee on Health, Education, Labor, and Pensions on 03/10/2009. H.R. 1409. Filed by Rep. Miller (D-CA), this bill is similar to S. 560. Status: referred to the House Committee on Education and Labor on 03/10/2009. Technorati Tags: arbitration, ADR, law, Payday Loan Reform Act of 2009, Fairness in Nursing Home Arbitration Act of 2009, Employee Free Choice Act of 2009
Continue reading...If you haven’t had enough of the AIG bonuses controversy, here is a post by Andis Kaulins from the LawPundit discussing the legal theory of unconscionability applied to the AIG employment contracts. We were surprised to learn that the standard AIG Employee Retention Plan (Bonus Contract) posted here by The New York Times contains no arbitration clauses. Also, here is a recent post from the ABA Law Journal. And here is yet another article from the American Lawyer about AIG’s counsel advise on the bonus legal obligations. It took us a while to blog on this story because at Disputing, like President Obama, we like to know what we are talking about before we speak… Technorati Tags: Arbitration, ADR, Law, AIG Bonus Contract,
Continue reading...This week, the Fifth Circuit decided Woodmen of the World Life Insurance Society/ Omaha Woodmen Life Insurance Society v. JRY, No. 08-30405 (5th Cir. Mar. 23, 2009). The defendant-appellees (“JRY” and “TSY”) are parents suing on behalf of the Estate of their minor son (“BMY”) and the plaintiff-appellant Woodmen of the World (the “Society”) is a non-profit fraternal society that provides life insurance and other benefits, including access to a Woodmen Youth Camp via a Certificate of Insurance. This certificate incorporates the Woodmen Constitution, which provides that disputes between members and the Society should be resolved by arbitration. The parents of BMY sued the Society in Louisiana state court claiming that BMY was sexually assaulted by fellow campers while attending the Woodmen camp and alleging that the camp staff were negligent in failing to properly supervise the campers. The Society filed a motion to compel arbitration. The district court held that the dispute fell outside of the arbitration agreement and the Society appealed. The Fifth Circuit set out a two-step analysis that a court should follow to decide whether to compel arbitration under the FAA: Whether the parties agreed to arbitrate the dispute in question. Whether legal constraints external to the parties’ agreement foreclose the arbitration of those claims by deciding: (a) whether there is a valid agreement to arbitrate between the parties and (b) whether the dispute falls within the scope of the arbitration agreement. Since the parties did not dispute the validity of the arbitration agreement, the court only considered the issue of whether their tort claims were encompassed by the arbitration agreement. The court cited the federal policy of favoring arbitration and stated that “ambiguities in the language of the agreement should be resolved in favor of arbitration.” The court concluded that the arbitration clause was “at minimum susceptible of an interpretation that covers the asserted dispute” and remanded with instructions to grant the Society’s motion to compel arbitration. Technorati Tags: Arbitration, ADR, Law, Arbitration of Tort Claims
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.