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All articles tagged '"United States Supreme Court"'
81 articles found
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
Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles
By Victoria VanBuren - October 3, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review 201 (2012). The abstract is: In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflect
ABA Teleconference | The Past Year in Arbitration, June 12, 2012
By Victoria VanBuren - June 11, 2012
ABA Dispute Resolution Section will host the teleconference “The Past Year in Arbitration” on June 12 at 12:00-1:30 pm ET. Here are the details: This program will focus on the most important arbitration issues of the last year. Panelists will discuss the United States Supreme Court rulings on arbitration issues, as well as notable federal and state court decisions. Join us for an in depth conversation on the hottest issues in the fiel
Texas Arbitration and Mediation Legislative Update | July 2011
By Holly Hayes - July 7, 2011
The following bills relating to alternative dispute resolution and health care were introduced by the 82nd Texas legislative session. The last day of the regular session was Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. I. ADR Bills that Passed SB 1216 provides that a court “may order arbitration only if the court determines that the contract containing the agr
Texas Tech Law Review Article | Alternative Dispute Resolution: Litigating Arbitration Slows as Mediation Becomes More Popular
By Victoria VanBuren - June 8, 2011
Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisti
Texas Arbitration and Mediation Legislative Update | May, 2011
By Holly Hayes - May 23, 2011
The following bills relating to alternative dispute resolution were introduced by the 82nd Texas legislative session. The last day of the regular session will be Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Stay tuned to Disputing for more legislative updates! SB 1216 provides that a court “may order arbitration only if the court determines that the contract c
GUEST-POST PART II | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis [See Part I here. ] Because the only valid grounds for vacatur now recognized by the Supreme Court are those grounds found in Section 10 of the FAA, the above statements by the Supreme Court in AT&T Mobility show that the Court in effect was stating that an arbitral failure to at least attempt to apply the Federal Rules of Civil Procedure in the Court’s hypothetical example would constitute either “misbehavior&#
GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis Last week’s United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, 2011 WL 1561956 (U.S., April 27, 2011) no doubt will provide arbitration law commentators with ample fodder to debate merits the Court’s opinion as pertains not only to class arbitration but, also, related questions concerning federal preemption under the Federal Arbitration Act (FAA) and the “substantive federal law of ar
U.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
By Beth Graham - April 27, 2011
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Check back for more information on the case soon. Disputing‘s previous blog posted after the Court heard oral argument in the case is available here. Technorati Tags: law, ADR, arbitration
Law Review Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles
By Beth Graham - March 31, 2011
S.I Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles, Harvard Negotiation Law Review, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2011-07. In the article, Professor Strong discusses how class arbitration diffe
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