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All articles tagged '"arbitration clauses"'
85 articles found
Arbitration and Access to Justice: Economic Analysis
By Beth Graham - April 26, 2013
In a recent paper entitled "Arbitration and Access to Justice: Economic Analysis", University of Chicago Law School Professor Omri Ben-Shahar argues that mandatory arbitration clauses in contracts generally benefit most consumers. He also states that limiting access to arbitration in favor of a courtroom often provides an advantage to only the most elite consumers.
Concerted Action Includes Concerted Dispute Resolution
By Beth Graham - April 10, 2013
Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule
By Beth Graham - February 18, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class Action Waivers, and the ‘Effective Vindication’ Rule,” Univ. of Texas Law, Public Law Research Paper No. 349. The paper is a preview of the issues before the United States Supreme Court in American Express Corp. v. Italian Colors Rest
GUEST-POST | Credit Card Arbitration by the (New) Numbers: Why Do Credit Card Issuers Use Arbitration Clauses?
By Victoria VanBuren - August 28, 2012
by Don Philbin The wide-spread use of arbitration clauses in consumer credit card agreements was one of the reasons for creating the Consumer Financial Protection Bureau (CFPB). One of the by-products of the Credit Card Accountability Responsibility and Disclosure Act of 2009 is an extensive database of credit card agreements. Professor Chris Drahozal takes a rigorous look at that data to test arbitration assumptions in the most recent issue of t
Article | Arbitration of environmental disputes
By Victoria VanBuren - June 13, 2012
We stumbled upon the article “Arbitration of Environmental Disputes” by David McCutcheon from Fraser Milner Casgrain LLP. Here is an excerpt: For commercial dispute resolution arbitration has become the preferred solution that provides a fast, efficient and commercially appropriate approach to resolving complicated disputes in a reasonable timeframe. Although there is some use of arbitration for environmental disputes, court actions h
Article | An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements
By Victoria VanBuren - June 5, 2012
We came across an interesting article entitled “An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements,” by Michael L. Rustad, Richard Buckingham, Diane D’Angelo, and Katherine Durlacher, forthcoming at the University of Arkansas at Little Rock Law Review. Here is the abstract: With predispute mandatory arbitration clauses, a large and growing number of social networking sites
Article | Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust
By Victoria VanBuren - May 9, 2012
In a new article, Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, forthcoming in REAL PROPERTY, TRUST AND ESTATE LAW JOURNAL, available now in SSRN, Professor S.I. Strong discusses the increasingly important topic of trust arbitration. Here is the abstract: With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in i
In Re American Express Merchants’ Litigation | The Meaning of AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - March 8, 2012
Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012): Does the Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion – holding that arbitration clauses may not be invalidated on the ground that they contain class-action waivers – apply only when the underlying caus
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
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