The Daily Labor Report states: “Court Must Decide Unconscionability, Not Arbitrator, Ninth Circuit Rules 2-1 A former account manager for a rent-to-own company in Nevada is entitled to have a court decide whether the arbitration agreement he signed as a condition of employment is unconscionable under state contract law, even though the agreement specifies that … Continue reading Ninth Circuit Has Interesting Ruling on Unconscionability
Very sad news today, from my perspective. ADRWorld will no longer be publishing its very useful subscription service. Announcement here: It is with regret that we announce that effective September 1, 2009, ADRWorld.com will be discontinued. Letters containing important refund information are now being sent to subscribers; please watch for this notification with the red … Continue reading ADRWorld Discontinued
See the USA Today story discussing the case at: http://www.usatoday.com/money/perfi/credit/2009-07-14-credit-card-arbitration-firm-lawsuit_N.htm While I don’t necessarily agree that NAF’s potentially problematic financial arrangements impugns the integrity of consumer arbitration generally, I agree that, if proven true, these allegations seriously challenge NAF as an independent, neutral provider of arbitrator services for consumer arbitration. It will be sad if … Continue reading USA Today has story on lawsuit against NAF
From Ken Cloke: The Copenhagen Climate Change Conference: What You Can Do In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to … Continue reading Copenhangen Climate Change Conference Needs ADR Input
Russ Bleemer at CPR just sent me a very interesting link regarding Judge and Supreme Court nominee Sonia Sotomayor’s arbitration jurisprudence. I’d taken a brief look at this myself and concluded that she seems to follow the general philosophy that enforcing arbitration agreements and awards is part of the national federal policy favoring arbitration. I … Continue reading Sotomayor’s Arbitration Jurisprudence
My friend and former co-author, E. Gary Spitko, will be publishing an article offering a critique of the Arbitration Fairness Act in the U.C. Davis Law Review. Gary offers an alternative to the very anti-arbitration stance currently articulated in the proposed Act. Gary’s abstract describes his article as follows: On February 12, 2009, lawmakers in … Continue reading Interesting Take on Arbitration Fairness Act by E. Gary Spitko
Yesterday, the Ohio Supreme Court ruled that an arbitration agreement contained in a nursing home contract is enforceable because the 95 year old signatory, Hayes, voluntarily signed it and her signature was not a precondition to her admission to the nursing home. The case, Hayes v. Oakridge Home, Slip Opinion No. 2009-Ohio-2054, focused on whether … Continue reading Ohio Supreme Court Rules that Nursing Home Arbitration Agreement is Enforceable
The Searle Civil Justice Institute recently added further evidence to inform the ongoing debate about the benefits and drawbacks of consumer arbitration. The March 2009 preliminary report, which reviewed 301 consumer arbitration cases administered by AAA, makes a number of findings: “The upfront cost of arbitration for consumer claimants in cases administered by the AAA … Continue reading Searle Civil Justice Institute Finds Consumer Arbitration Fair
As those of you who follow arbitration know, 14 Penn Plaza v. Pyett raised the age-old question whether a union can waive an individual employee’s right to bring a statutory claim in court by mandating that statutory claims be arbitrated through a clause negotiated in a collective bargaining agreement (“CBA”). The issue was initially resolved … Continue reading Pyett Analysis — Unions can waive but what is clear and unmistakable?
The US Supreme Court today held that a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law. The Court did not overrule Gardner-Denver; rather, it distinguished it. The decision was 5-4 with Thomas writing the majority opinion. Here is the cite: http://www.supremecourtus.gov/opinions/08pdf/07-581.pdf I … Continue reading Pyett Decided Today — Union can waive rights
