Paul beat me to the punch, but I could not agree more with him that the Court’s decision in Compucredit v. Greenwood is unsurprising. The true mystery of the case is that the Court took it in the first place. Until Congress decides to make it clear that a particular statutory claim cannot be arbitrated, … Continue reading Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood
In a thoroughly unsurprising decision, the Supreme Court today held in CompuCredit Corp. v. Greenwood that claims under the federal Credit Repair Organizations Act are arbitrable. CROA contains a disclosure rule requiring that consumers be notified that they “have a right to sue a credit repair organization that violates the Credit Repair Organization Act.” The … Continue reading Supreme Court Holds CROA Claims Arbitrable, Surprising No One
If you are interested in learning more about the complex world of military interventions in Iraq and Afghanistan, I recommend Losing Small Wars: British Military Failure in Iraq and Afghanistan by Frank Ledwidge. This book is a unique analysis of current events firmly placed within their historical context. The author is not only a dear … Continue reading Read all about it
A little holiday cheer while grading exams–here’s how (yet another) failed negotiation went in my house this past fall. For context, my son Noah broke his leg on the very first day of school, 10 minutes into the very first soccer practice of the year. Since he couldn’t move much, his friends have been over … Continue reading Negotiating Trick Shots
Florida has ended its foreclosure mediation program begun in 2009. The state Supreme Court scuttled the program because it was only settling 4% of the cases. It appears the program had lots of problems, including a failure to contact borrowers and a resistance by lenders to participate actively. What else is new? The legislatures and … Continue reading Florida Foreclosure Mediation Program Ends with a Yawn
Sarah Cole recently published On Babies and Bathwater: The Arbitration Fairness Act and the Supreme Court’s Recent Arbitration Jurisprudence, 48 Houston L. Rev. 457 (2011) (available here). She writes, “The AFA misses the mark primarily because it overstates the case against arbitration, rendering the legislation unpalatable to corporate and business interests, as well as many … Continue reading Sarah Cole vs. (part of prior versions of) The Arbitration Fairness Act
OK, we all send reprints to each other, and that’s good. And many of us scribble little personalized notes to each other on the reprints, and that’s good, too. In theory, though, the personalized note should cause the recipient to want to read the article in question. Below is an example of not that: +MM
In late November, a first-of-its-kind arbitration ended when the mobile phone technology companies Skyworks and AATI settled their dispute over their failed merger. Although there was no award, the arbitration was significant because the arbitrator was a judge on the Delaware Court of Chancery–which just happens to be the court in which the claim was … Continue reading In Court, but Out of Sight: Chancery Court Arbitration
In Buckeye Check Cashing v. Cardegna, Justice Scalia authored an opinion for the Supreme Court holding that, where a consumer credit contract contains an arbitration provision, the arbitrator rather than a court decides all questions about the legality of the underlying debt instrument. Buckeye’s holding was controversial, because it effectively pushes a consumer debtor into arbitration … Continue reading Originalism, Arbitration, and the Civil Jury
Tomorrow, FINRA’s Board of Governors is holding its December 2011 meeting, and on its agenda are several rule proposals in the Dispute Resolution area. FINRA has been very active in continuously reforming and updating its Codes of Procedure for arbitration and mediation, to address concerns and critique from its various constituents. The proposals related to FINRA … Continue reading FINRA’s Board of Governors to Consider Several DR Proposals
