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 →

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? →

I am excited to bring you news of the imminent publication of Designing Systems and Processes for Managing Disputes, authored by Nancy H. Rogers, Robert C. Bordone, Frank E.A. Sander and Craig A. McEwen. The first coursebook in Dispute Systems Design is a terrific book that will provide a hands-on interdisciplinary approach to the field … Continue reading Announcing the Publication of the first coursebook of its kind: Designing Systems and Processes for Managing Disputes →

I read with interest the transcript of today’s oral argument in the highly anticipated American Express v. Italian Colors Restaurant case, No. 12-133. As I suspected, though, following oral argument, it would seem unlikely that the Court will decide in the merchants’ favor. Instead, the likely outcome is that the Court will hold that merhcants … Continue reading American Express v. Italian Colors Restaurant Oral Argument Report →

The quarterly edition of the Moritz College of Law’s Mayhew-Hite Report on Dispute Resolution in the Courts, a joint publication of the Moritz Program on Dispute Resolution and the Ohio State Journal on Dispute Resolution, is available at: http://moritzlaw.osu.edu/epub/mayhew-hite/2012/12/381/ Highlights of this issue include a transcript of Ken Feinberg’s Lawrence Lecture, given at Moritz last … Continue reading New Issue of Mayhew-Hite Report on Dispute Resolution and the Courts Available →

The Ohio Senate yesterday ratified a bill related to the use of collaborative lawyering. The bill, which formalizes the procedure and mandates confidentiality for the process, is a positive step toward increasing the use of CL in resolving disputes throughout Ohio. A copy of the bill can be found here: http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_461 The Ohio House must … Continue reading Ohio Legislature Formalizes Collaborative Lawyering →

Professor Kristen Blankley, of the University of Nebraska College of Law, gave an informative talk about a little discussed device — limited scope representation. Here is Kristen’s abstract: Given the complexities of the legal system, pro se litigants understandably have difficulties navigating the legal labyrinth, and empirical evidence confirms that unrepresented parties rarely prevail in … Continue reading Adding By Subtracting? How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services, by Kristen M. Blankley →

We just completed our annual Ohio State Journal on Dispute Resolution Annual Symposium, which this year also served as the AALS Sixth Annual Works-in-Progress Conference. I thought the conference was a great success! As Art mentioned, we had many wonderful presentations (some of which – our “new voices,” highlighting young scholars working in the dispute … Continue reading Report from AALS Works-in-Progress/Ohio State Journal on Dispute Resolution Symposium →