My St. John’s colleague Adam Zimmerman has published two new articles addressing the growing use of large funds to compensate groups of victims. In Distributing Justice, 86 N.Y.U. L. Rev. 500 (2011) (http://ssrn.com/abstract=1827082) he explores the procedural concerns that arise when regulatory agencies like the SEC, FTC, or FDA, mimic private aggregate settlements by collecting … Continue reading Zimmerman on Mass Settlements
The end of the semester is marked by a few milestones including student evaluations. I thought some might enjoy the Onion’s perspective on this process, see here . Thanks to the International Law Prof Blog for finding and posting this article.
Stacie Strong (Missouri) has circulated a notice for an upcoming symposium entitled “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration,” to be convened at the University of Missouri School of Law on October 21, 2011. As part of the symposium, the Chartered Institute of Arbitrators (CIArb) North American Branch will sponsor a student … Continue reading New ADR Writing Competition
The ABA Journal recently ran a story about the settlement of the lawsuit David Byrne (of Talking Heads fame) brought against Charlie Crist for the unauthorized use of a song in an election advertisement. The ABA Journal article appears below and here. Good story about the lawsuit here. The 90-second videotaped apology is also available … Continue reading David Byrne IS Manly (oh and something about a mediated settlement)
As one would expect, it’s a big day at Indisputably when the Supreme Court issues another arbitration opinion. UNLV law prof and FOI (Friend of Indisputably) Jean Sternlight adds to the analysis. – – – – – – – – – – – – – – – – I mostly agree with Paul Kirgis’ explication of the … Continue reading Sternlight on AT&T v. Concepcion
One other important note from Concepcion — it would appear more clearly following this decision that a separate standard for manifest disregard of the law as a means for reviewing an arbitration award no longer exists. While the circuits have split on this issue, Concepcion suggests that if it exists at all, it must be … Continue reading Impact of Concepcion on Judicial Review of Arbitration Awards
Well, it would appear that Congress is the only hope for consumers who wish to vindicate their low value claims following the Supreme Court’s decision today in AT&T v. Concepcion. I agree with my fellow blogger Paul Kirgis’s insightful analysis of the case. But, I thought I would add my two cents. The Court was … Continue reading Continuing the Discussion of the AT&T v. Concepcion Decision: Implications for the future
Today the Supreme Court handed down its decision in AT&T v. Concepcion, and it went the way I think most observers predicted. Concepcion involved a dispute over the charges in a cell phone contract. The contract included an arbitration agreement that expressly waived the right to proceed as part of a class. In addition, in … Continue reading Supreme Court Allows Companies to Opt Out of Class Actions
Lawrence Cunningham (GW Law) has posted his forthcoming article Rhetoric vs. Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts (and Why Contracts Teachers Need not Teach the Cases) on SSRN. The article addresses the contradictions in the Supreme Court’s arbitration jurisprudence caused when the Court recites incantations about freedom of contract … Continue reading Cunningham on Arbitration Rhetoric & Reality
As Jill mentioned last week, the Indisputably crew was assembled in Denver for the ABA DR Section meetings last week. It was good, as always, to hang out w/ the crew – and rumor has it that there are some incriminating photos that may make it on the blog. Luckily they’re all family friendly. Readers know that we’re … Continue reading Temple Grandin and the ABA DR Section Meetings in Denver
