Today, the Supreme Court held in Discover Bank v. Vaden, http://www.supremecourtus.gov/opinions/08pdf/07-773.pdf, that a district court should “look through” a petition to compel arbitration to determine whether the case is predicated on a controversy that “arises under” federal law. Jurisdiction cannot be established, however, by a counterclaim if the whole complaint does not “qualify for federal … Continue reading Discover Bank v. Vaden Decided Today
On February 27, 2009, the Nebraska Supreme Court rejected an arbitration award reinstating a state trooper who was fired for belonging to a group affiliated with the Ku Klux Klan. The court held that the arbitrator’s award should not be enforced because it violates the state’s public policy against race discrimination. (Nebraska State Patrol v. … Continue reading Nebraska’s Highest Court Reverses Arbitration Award on Public Policy Grounds
The Second Circuit ruled today that a class action arbitration waiver contained in credit card agreement was unenforceable. See In Re: American Express Merchants’ Litigation, No. 06-871 (2d Cir. 2009). The relevant part of the arbitration agreement stated: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL … Continue reading Second Circuit Refuses to Enforce Class Action Waiver in Arbitration Agreement
A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable
David Moora of the ABA Section on Dispute Resolution advised me about a new resource page regarding residential foreclosure mediation. The resources, put together by the ABA Section on Dispute Resolution’s Mediation Committee, include, “descriptions and links to programs from ten states that have mandated the use of mediation in foreclosure actions; the page also … Continue reading Useful Information about Foreclosure Mediation
From SSRN’s NEGOTIATION & DISPUTE RESOLUTION ABSTRACTS, another interesting article co-authored by Theodore Eisenberg, this time with Charlotte Lanvers: “What is the Settlement Rate and Why Should We Care?” The abstract of the paper states: After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different … Continue reading Settlement Rates for cases closer to 67% than 90%
ADRworld reports that: “In an effort to address the growing housing foreclosure crisis, New Jersey Gov. Jon Corzine (D) recently signed legislation appropriating over $12 million for state agencies to use in providing mediation services to homeowners facing foreclosure proceedings.” I know that Ohio has also been actively promoting the use of mediation to help … Continue reading $$$$ for foreclosure mediation
On the lighter side, today, one of my colleagues, Larry Garvin, sent me a link to the “Mediator March”, composed in 1915 by James M. Fulton (1873-1940). As Larry notes, it is odd to think of a march as representative of ADR, but, who knows? Here is a link: http://www.forgottenamericanmusic.com/recordings/The_Mediator_March.mp3 This weekend, Ms. Manners’ column … Continue reading The “Mediator March” and Ms. Manners
The Second Circuit in Stolt-Nielsen SA v. Animalfeeds Int’l Corp., No. 06-3473 (2nd Cir. 2008), www.reinsurancefocus.com/uploads/Stolt.pdf, held that courts may continue to review arbitration awards to determine whether the arbitrator manifestly disregarded the law when he or she rules on a case. Acknowledging that some courts have held that manifest disregard did not survive the … Continue reading Second Circuit Rules that Manifest Disregard Exists After Hall Street
I was just informed that certiorari was granted in Arthur Andersen LLP, et al., v. Carlisle, et al. (08-146), on Friday. The question at issue is whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the … Continue reading Certiorari Grant in Third Arbitration Case for 2008-09 Term
