I just read an interesting keynote speech by Suja Thomas, a law professor at the University of Illinois. In the speech (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1960032), Professor Thomas discusses access to courts and juries before and after the summary judgment trilogy. Professor Thomas also discusses the impact of the Supreme Court’s recent arbitration jurisprudence, specifcally, the Concepcion decision. She … Continue reading The Future of Summary Judgment, Arbitration and the Jury Trial Right →

On November 7, the Supreme Court ruled, in a per curiam opinion entitled KPMG LLP v. Cocchi, http://www.supremecourt.gov/opinions/11pdf/10-1521.pdf, that a state court must order arbitrable disputes to arbitration even if the plaintiff’s complaint contains both arbitrable and inarbitrable claims. Affirming the strong federal policy in favor of arbitration, the Court stated that, “state and federal … Continue reading Supreme Court Rules that State and Federal Courts Must Enforce Arbitration Agreements Even When Nonarbitrable Claims are Present in Complaint →

I guess I had not been paying much attention but realized today that the Uniform Collaborative Law Act has been adopted by the National Commissioners on Uniform State Laws and has already been adopted in three states: Nevada, Texas and Utah. In addition, in 2011, it has been introduced in Alabama, District of Columbia, Hawaii, … Continue reading Uniform Collaborative Law Act →

Yesterday, I participated in a panel reviewing AT&T v. Concepcion and its implications for the future. The panel included a defense lawyer and a lawyer from Public Justice. Efforts to limit Concepcion through litigation have not fared well to this point, but the better arguments seem to be that Concepcion could be limited to its … Continue reading Information about AAA updating class arbitration rules and fallout from Concepcion →

At Ohio State University, we are excited to announce a search for an endowed chair in peace studies and conflict resolution at our world-renown Mershon Center: The Mershon Center for International Security Studies at the Ohio State University is seeking candidates to fill an endowed Chair in Peace Studies and Conflict Resolution. The holder of … Continue reading Mershon Center for International Security at Ohio State University Seeks Candidates for Endowed Chair in Conflict Resolution →

Thanks to Professor Rick Bales at Workplace Prof Blog for this tip — Senator Al Franken has, as expected, reintroduced the Arbitration Fairness Act. See Franken re-introduces AFA: http://lawprofessors.typepad.com/laborprof_blog/2011/05/afa-re-introduced.html While I am not suprised by the Act’s reintroduction, its broad coverage, eliminating pre-dispute arbitration agreements for consumer, franchise and employment disputes, is not headed for … Continue reading Franken Reintroduces Arbitration Fairness Act →

One other important note from Concepcion — it would appear more clearly following this decision that a separate standard for manifest disregard of the law as a means for reviewing an arbitration award no longer exists. While the circuits have split on this issue, Concepcion suggests that if it exists at all, it must be … Continue reading Impact of Concepcion on Judicial Review of Arbitration Awards →