In my previous post on Nitro-Lift, I argued that arbitration agreements involving covenants not to compete could be susceptible to challenge under the Federal Arbitration Act’s savings clause. Because it equates arbitrators with courts sitting in other jurisdictions, that analysis rests on an assumption that arbitrators act as quasi-public dispute resolvers, determining rights and obligations … Continue reading Nitro-Lift Technologies v. Howard: Judicial Review and the Contractarian Model of Arbitration →

Dear all,  as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for two reasons–(a) I need your students to submit essays; and (b) I need you to judge!  Besides, you might be right now in the midst of grading the next competition winner as … Continue reading Boskey Competition and Request for Judges →

Friend of the blog Kristen Blankley (Nebraska) weighs in on the Supreme Court’s next duel with the Second Circuit over class arbitration: The Supreme Court today granted cert in the Second Circuit case of Oxford Health Plans, LLC v. Sutter, No. 12-135.  The Sutter case is a direct response to the Supreme Court’s 2010 decision … Continue reading Blankley on the Newest Class Arbitration Case to Reach the Supreme Court →

The Law and Society Association has extended the deadline for proposals for the next meeting.  The new deadline is December 11, 2012.  The meeting is May 30, 2013-June 2, 2013, in Boston, MA. For more information and the the link to submit proposals see:  http://www.lawandsociety.org/boston2013/proposals.html

Earlier this week, the Supreme Court issued a per curiam opinion in Nitro-Lift Technologies, L.L.C. v. Howard, 2012 WL 5895686 (Nov. 26, 2012), ruling that the FAA preempted a decision by the Supreme Court of Oklahoma to rule on the validity of a covenant not to compete in the first instance, despite the existence of an … Continue reading Supreme Court Decides Yet Another Arbitration Case →

The Ohio Senate yesterday ratified a bill related to the use of collaborative lawyering. The bill, which formalizes the procedure and mandates confidentiality for the process, is a positive step toward increasing the use of CL in resolving disputes throughout Ohio. A copy of the bill can be found here: http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_461 The Ohio House must … Continue reading Ohio Legislature Formalizes Collaborative Lawyering →

Another engrossing Works-in-Progress Conference wrapped up on Saturday with two presentations focusing on the challenges presented by conflicting cultural paradigms in our increasingly interconnected world. Mariana Hernandez-Crespo (St. Thomas, Minn.) made a passionate plea for the integration rather than assimilation of different cultures, the better to foster the multiplicity of ideas that spurs innovation. Recognizing … Continue reading Culture and Conflict – Reflections on the WIP Conference →

Rick Bales (Northern Kentucky) wrote a very thoughtful blog post on the American Express v. Italian Colors Restaurant over at the Workplace Prof Blog.  I agree with much of what he said, including the observation that it is unfortunate that the Court will be making new arbitration law that likely will have a huge impact on consumer arbitration … Continue reading Rick Bales on AMEX v. Italian Colors →