All posts by Sarah Cole

NLRB files petition for rehearing in D.R. Horton (class arbitration) case

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From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case →

Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25

The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution providers in reducing polarization in public conflicts. Public institutions fund interventions by dispute resolution practitioners … Continue reading Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25 →

Moritz College of Law Professor Nancy H. Rogers wins CPR’s James F. Henry Award for Distinguished Contribution to Dispute Resolution

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I am very pleased to share that my colleague and co-author Nancy Hardin Rogers was honored with the prestigious James F. Henry Award from the International Institute for Conflict Prevention & Resolution (CPR). As many of you know, the institute is an independent nonprofit organization comprised of global corporations, law firms, scholars, and public institutions … Continue reading Moritz College of Law Professor Nancy H. Rogers wins CPR’s James F. Henry Award for Distinguished Contribution to Dispute Resolution →

Ohio State Journal on Dispute Resolution Symposium on Special Education and Dispute Resolution

I wanted to let our readership know that the Ohio State Journal on Dispute Resolution will be holding its annual symposium next month, this time focusing on Dispute Resolution in Special Education. The symposium will take place at the Moritz College of Law at the Ohio State University and will comprise a number of events … Continue reading Ohio State Journal on Dispute Resolution Symposium on Special Education and Dispute Resolution →

Unsurprising Sixth Circuit Decisioin that Propriety of Class Arbitration is a Gateway Question and that Silent Clause Doesn’t Permit Class Arbitration

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From the Employer Law Report (Caroline Gentry): The Sixth Circuit held that courts, not arbitrators, must decide the “gateway” issue of whether an arbitration clause permits classwide arbitration—and that clauses that are silent on the issue do not permit classwide arbitrations. In Reed Elsevier, Inc. v. Crockett, No. 12-3574, (6th Cir. Nov. 5, 2013), the … Continue reading Unsurprising Sixth Circuit Decisioin that Propriety of Class Arbitration is a Gateway Question and that Silent Clause Doesn’t Permit Class Arbitration →

Opportunity to Discuss ADR and Religion in Aspen

I received this announcement about a conference on Dispute Resolution and Religion that I thought others might find interesting: The Aspen Center for Social Values presents Alternative Dispute Resolution: Is This the Future of Law? June 8-10, 2014. The submission deadline is Nov. 30, 2013. The Conference seeks to engage scholars of Jewish studies, and … Continue reading Opportunity to Discuss ADR and Religion in Aspen →

Job Opportunity in Dispute Resolution Teaching

I recently received this job announcement for professorial positions in dispute resolution. Looks like a great teaching opportunity! 2 Faculty Positions in Conflict Resolution: One Assistant Professor, and one Associate Professor Description: The Graduate Programs in Conflict Resolution at the University of Massachusetts Boston seek to hire both a junior and a senior faculty member … Continue reading Job Opportunity in Dispute Resolution Teaching →

FINRA Arbitration Rules Prohibiting Class Waiver NOT Preempted

From the BNA Labor Reports: “A federal district court in New York Sept. 11 declined to compel financial solutions analysts pursuing a class and collective overtime action against brokerage firm Merrill Lynch to individually arbitrate their claims under the procedures of the Financial Industry Regulatory Authority (Zeltser v. Merrill Lynch & Co., S.D.N.Y., No. 1:13-cv-01531, … Continue reading FINRA Arbitration Rules Prohibiting Class Waiver NOT Preempted →

Is wrongful death lawsuit subject to arbitration?

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Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse … Continue reading Is wrongful death lawsuit subject to arbitration? →

Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision

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Today, the Supreme Court in Oxford Health Plans v. Sutter, http://www.scotusblog.com/case-files/cases/oxford-health-plans-llc-v-sutter/, affirmed its commitment to narrow judicial review of arbitration decisions. In Sutter, the arbitrator interpreted an arbitration agreement to permit class arbitration. Because the parties asked the arbitrator to interpret the agreement, the only question for a court, according to the Supreme Court, is … Continue reading Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision →