Oregon hosted a conference over the past weekend at which Larry Susskind (MIT, PON, and the Consensus Building Institute) was the keynote speaker. I scribbled a bunch of notes on which I’ll blog at some point. But first, I have to confess that I had no idea that Larry Susskind has a blog at http://theconsensusbuildingapproach.blogspot.com/. … Continue reading Larry Susskind in the blogosphere
The Ohio Supreme Court earlier this fall came out with an opinion in Hodesh v. Korelitz, 123 Ohio St.3d 72 (2009). For anyone wanting a springboard for teaching the basic differences between High-Low Agreements and Mary Carter Agreements, I think it’s a good case. It does not include every piece of detail one might reasonably … Continue reading Distinguishing Hi-Lo Agreements from Mary Carter Agreements
Two recent announcements: Cases and Materials on Arbitration Law and Practice, Fifth Edition (West) Thomas E. Carbonneau, Penn State ISBN 978-0-31491-142-1 Stone and Bales’ Arbitration Law, 2nd Edition (West) Katherine V.W. Stone; Richard A. Bales ISBN-13: 9781599416465 I’ve not yet given them a look, but given the recent developments in this area of the law, … Continue reading New Arbitration Books (or at least new editions of existing books)
Not long ago, a federal court in Oregon gratned summary judgment for the defendants in a legal malpractice claim. The case highlights the stakes involved in expansive mediation privileges. Or put differently, the case highlights the tradeoffs of having limited exceptions to a mediation privilege. For anyone looking for a good set of modern facts … Continue reading Mediation Confidentiality & Attorney Malpractice
… Barrack Obama, as of about half an hour ago. The four U.S. Presidents to have received the Noble Peace Prize. http://nobelprize.org/ http://www.cnn.com/2009/WORLD/europe/10/09/nobel.peace.prize/index.html
Referring to mandatory, binding arbitration, one of my Civil Procedure students just forwarded the following link to me: http://consumerist.com/5148154/mandatory-binding-arbitration-the-worst-choose-your-own-adventure-ever As a kid, my favorite Choose-Your-Own-Adventure book (I forget its name) was one in which the only way to get to the happy place was to completely disregard the rules and just turn to that page. … Continue reading The Worst Choose-Your-Own-Adventure Ever ?
Another case in the line of cases holding parties to their commitments to mediate before filing suit. Earlier this month, in Adams v. Newport Crest Homeowners Association, 2009 WL 2875361, (Cal.App. 4 Dist., 2009), a California appellate court upheld the dismissal of a case on the grounds that the plaintiff failed to pursue mediation prior … Continue reading Contractual Agreements to Mediate
About an hour ago,a federal judge struck down the proposed settlement between Bank of America and federal regulators over bonuses paid to Merrill Lynch executives. The online version of the New York Times runs the story, “Judge Rejects Settlement Over Merrill Bonuses.” I have pasted the text of the article below, and the twelve page … Continue reading Judicial Scrutiny of Settlements
The good folks at Penn State are holding a symposium in March 2010 focused on the Supreme Court’s recent Ashcroft v. Iqbal decision. I am confident the actual title of their symposium will be more professional-sounding than the tagline for this blog entry, but I think I’ve pretty well captured the basic tone of many … Continue reading What’s Icky About Iqbal?
Andy Schepard of Hofstra Law School sent the following message to the ADR list-serv earlier this month. A pdf of the UCLA appears here. ——– Dear ADR colleagues: I hope everyone is having a wonderful summer. I am pleased to report that he Uniform Law Commission voted to adopt the Uniform Collaborative Law Act on … Continue reading Uniform Collaborative Law Act – Adoption and Upcoming Conference
