In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They suggest that enterprising plaintiffs’ attorneys have two potentially viable avenues for making it financially viable … Continue reading Gilles & Sebok on Crowd-Classing Individual Arbitrations
Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration. ———————————– Public Justice, a public interest law firm that has been fighting mandatory consumer and employment arbitration for many years, recently posted a very interesting piece by Senior Attorney Paul Bland (here) … Continue reading Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full … Continue reading “Suck it” for $80,000 Alex
FOI Alyson Carrel (Northwestern) sends this reflection on the recent events in the case of Jewlyes Gutierrez. —————————- This past week, Jewlyes Gutierrez, a transgender teen who was charged with misdemeanor battery after getting into a fight with three other girls who had allegedly been bullying her for weeks, was offered the chance to use … Continue reading Carrel: Reflections on Restorative Justice in the Gutierrez case
FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. ——————————————– These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others. In case after case such as AT&T Mobility v. Concepcion (2011) and American Express v. Italian Colors Restaurant (2013) the … Continue reading Sternlight: Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of Indisputably Lela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by … Continue reading Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare
Paul Bland has a compelling post on the Second Circuit’s recent decision in Duran v. The J. Hass Group, in which the court enforced an arbitration agreement requiring a consumer from New York, who alleged she was defrauded of almost $4000, to arbitrate in New Mexico. Paul’s summary: This strategy worked pretty well for the defendants … Continue reading The Most Recent Example of Arbitration Overreach
Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————– Forced Arbitration In The Workplace: A Symposium About the Symposium The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, … Continue reading Call for Papers – Forced Arbitration in the Workplace
ADR law prof favorites Nancy Welsh (Penn State), Donna Stienstra (Federal Judicial Center), and Bobbi McAdoo (Hamline) have recently put a most interesting book chapter, The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions, up on SSRN (available here). The piece is a chapter in the recently released book The Multi-Tasking Judge: Comparative … Continue reading Procedural Justice in Judicial Settlement Conferences
Friend of Indisputably Hiro Aragaki (Loyola, Los Angeles) shares his thoughts on Imre Szalai’s (Loyola, New Orleans) new book Outsourcing Justice: The Rise of Modern Arbitration Laws in America. And don’t forget to follow Imre’s blog of the same name (outsourcingjustice.com) which most appropriately states “By reading this blog, you agree to arbitrate. (Just kidding)” … Continue reading Aragaki on Szalai’s Outsourcing Justice: The Rise of Modern Arbitration Laws in America
