Ramona Lampley (St. Mary’s) has published Underdog Arbitration: A Plan for Transparency, in the Washington Law Review, in which she proposes an interesting solution to the lack of transparency in mandatory arbitration. Here is the abstract: The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even … Continue reading Lampley on “Underdog Arbitration”
Kudos to Cynthia Alkon (Texas A&M) for taking over as Chair of the AALS ADR Section, and for organizing a wonderful program at the AALS Annual Meeting on problem-solving courts. Cynthia moderated the star-studded panel (star-studded at least in the problem-solving court arena) through a lively 3-hour discussion of the origins, theory and current controversies … Continue reading AALS ADR Section Program on Problem-Solving Courts
On Monday, in The Fredericksburg Care Co., L.P. v. Perez, et al., 2016 WL 100844, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing … Continue reading SCOTUS denies cert in nursing home arbitration case
As i blogged here and here, in mid-2014, FINRA appointed a Task Force, Chaired by (retired) Professor Barbara Black, my former colleague and frequent co-author, “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.” The 13-member Task Force includes forum arbitrators, representatives from … Continue reading FINRA Dispute Resolution Task Force Issues its Final Report and Recommendations
As Art posted yesterday, the Supreme Court once again held that the Federal Arbitration Act preempts a conflicting state law. The DRLE listserv already has featured some interesting commentary about the case and the Justices’ tone in both the majority and dissent. I am posting today to provide a few more details of the case and … Continue reading More on DirectTV v. Imburgia
In 2000, NASD (now FINRA) spun off its dispute resolution subsidiary from its regulatory functions to bolster investors’ perception that the forum is neutral and to enhance the credibility of its securities arbitration and mediation services. Last month, the SEC released for public comment a proposal FINRA filed to merge its Dispute Resolution subsidiary into … Continue reading FINRA’s Bad Idea to Merge its Dispute Resolution Subsidiary into FINRA Regulation, Inc.
Texas A&M University School of Law (Fort Worth, TX) hosted the ninth annual AALS ADR Works-in-Progress Conference this past Friday and Saturday. Other than the constant, drenching, torrential rains and floods, these Aggies know how to throw a conference! Not only were we all incredibly well-fed (and watered) with traditional Texas fare, we listened to … Continue reading Greetings from soggy Texas and the AALS ADR WIP Conference
On the first day of its new term, the Court granted certiorari in another FAA preemption case. In MHN Government Services v. Zaborowski, the Court agreed to decide whether, as SCOTUS Blog styled it, “California violates federal arbitration law when it treats arbitration contracts differently from other contracts, in determining whether all or only part … Continue reading Scotus Grants Cert in Another FAA Preemption Case
For an interesting take on “Deflategate” and Tom Brady’s legal maneuvers to overturn his four-game suspension imposed by the NFL Commissioner acting as “arbitrator,” see George Friedman’s blog post, “Deflategate” – the Commissioner Has Ruled – Now What?“.
Earlier this summer, the Second Circuit upheld a district court decision compelling individual arbitration of a brokerage employee’s federal and state wage-and-hour claims and enforcing a class and collective action waiver in the employee’s employment agreement. See Cohen v. UBS Financial Services, Inc., 2015 WL 3953348 (2d Cir. June 30, 2015). The employee had argued … Continue reading Second Circuit Enforces Class Action Waiver in Brokerage Firm Employee’s PDAA
