All posts by Michael Moffitt

Opioid Litigation & Judicial Role in Settlement

Great article this morning from the National Law Journal, with someone misleading title: “Judge Orders Opioid Lawyers to Come Up With a Settlement Plan.” Available here and text excerpt below. As one who grew up, clerked in northern Ohio, and still names as “hometown” one of the (many) places hard hit by this crisis, I am … Continue reading Opioid Litigation & Judicial Role in Settlement

AI and Predicting Settlement

The National Law Journal reported yesterday on SettlementAnalytics and their predictive algorithms. “The world’s first quantitative legal measurement to indicate the likelihood of a lawsuit proceeding all the way to trial and adjudication” according to the company. I am profoundly skeptical. Or perhaps more accurately, I can easily imagine distortions (or worse) masquerading as mathematical … Continue reading AI and Predicting Settlement

California Law Revision Commission on Mediation Confidentiality

The California Law Revision Commission has issued a tentative recommendation regarding mediation confidentiality, with a particular focus on the circumstance in which there is alleged misconduct during the course of a mediation (and evidence from the mediation is sought in a subsequent suit).  [http://www.clrc.ca.gov/K402.html] At 158 pages, the report is thorough, and in many places, … Continue reading California Law Revision Commission on Mediation Confidentiality

Congratulations to Newly Tenured Faculty

With great delight and without the least surprise, word came earlier this week that both Liz Tippett and Erik Girvan have received tenure at the University of Oregon School of Law. Soon-to-be Associate Professor Liz Tippett is a Negotiation scholar, among other things, and she is co-faculty director of Oregon’s Conflict and Dispute Resolution Master’s … Continue reading Congratulations to Newly Tenured Faculty

A Warning/Plea from Aragaki on Arbitration & Contractarian Visions

Hiro Aragaki’s recent article, Arbitration: Creature of Contract, Pillar of Procedure, 8 Y.B. on Arb. & Mediation 2 (2016), takes a hard, HARD look at the intersection of contractarian values like consent and autonomy in the context of arbitration. The headline is that he begs us to : stop and think twice before invoking the … Continue reading A Warning/Plea from Aragaki on Arbitration & Contractarian Visions

Linda Seely – New Director of ABA Section on Dispute Resolution

Announcement available here. This blog is aimed principally at the intersection of the academy and ADR.  But for those who are perhaps new to one or the other, the ABA Section on Dispute Resolution is both enormous and critically important.   (I know that’s not true of all sections, in all academic disciplines.  But if you’re … Continue reading Linda Seely – New Director of ABA Section on Dispute Resolution

9th Circuit on Uber Arbitration

From this morning’s National Law Journal article (available here) reporting on the 9th circuit’s consideration of the appeal from a N.D.CA court’s finding that Uber’s arbitration clause was unenforceable for reasons of unconscionability: According to Uber, Chen’s rulings refused to follow the Ninth Circuit’s 2013 en banc decision in Kilgore v. KeyBank, which held that an … Continue reading 9th Circuit on Uber Arbitration