Today House and Senate negotiators reached agreement on legislation that redefines federal oversight of the financial services industry. The agreement may have a major effect on arbitration in the financial services industry. Overlawyered reports, “Tucked away in the Obama administration’s proposals for revamping regulation of financial services is a provision that would apparently allow federal … Continue reading End of Arbitration in Financial Services Contracts? →

Today in Jackson v. Rent-A-Center West, the Court again confirmed its view that challenges to a contract which contains an arbitration agreement will go to the arbitrator, a view that it has held and repeatedly affirmed since its decision in Prima Paint in the mid 1960s. Under Prima Paint, a party may enforce a potentially … Continue reading Victory for Business in Rent-A-Center West v. Jackson →

Here is a link to an article (in which yours truly is quoted) covering the case: http://www.businessinsurance.com/article/20100502/ISSUE01/305029980. I had a nice chat about Jackson with Professor Stephen Ware at our 20th law school reunion this past weekend. After that discussion, I am torn about predicting the outcome of this case. I think that a result … Continue reading Jackson v. Rent-a-Center West →

As I mentioned in my previous post, I did plan on blogging about Jackson v. Rent-a-Center West but was side-tracked by the issuance of the Stolt-Nielsen decision. As many of you know, the question in the Jackson case is whether an agreement between a consumer and a business that sends the question of whether the … Continue reading Oral Argument in Jackson v. Rent-a-Center West →

I am very sorry to report that one of the most influential supporters of mediation in Ohio, Chief Justice Moyer, died unexpectedly today. I will miss him as a person and as a leader in the dispute resolution movement (he was a moving force behind the development of the Uniform Mediation Act and the Ohio … Continue reading Ohio Chief Justice Thomas Moyer, Champion of Mediation, Dies Unexpectedly Today →

One of today’s headings on the front page of the Columbus Dispatch stated that a mediator reinstated an officer who had been caught driving 149 mph on his motorcycle (off duty). Here is the online story (slightly different headline): 149-mph officer wins his job back Mediator: It wasn’t proved that he abused his position Wednesday, … Continue reading Mediation and Arbitration are Not the Same Thing →

Today, AT&T filed a petition for certiorari in AT&T Mobility LLC v. Concepcion, raising the question “[w]hether the FAA preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures–here, class-wide arbitration–when those procedures are not necessary to ensure that the parties to the arbitration agreement are able to vindicate … Continue reading Cert Petition Filed Raising FAA Preemption — Concepcion →

The Supreme Court granted cert in Jackson v. Rent-a-Center West, 09-0947, http://www.scotusblog.com/todays-orders-52/ Karl Bayer posted the question presented on his blog and I repeat it here: The question presented in the case is: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) … Continue reading Supreme Court Grants Cert in Arbitrability Case →