Quaint Remembrances of Contract Law and Arbitration

The Arizona Bar’s monthly magazine, Arizona Attorney, is a surprisingly good read and every month there’s an article that deserves your full attention.   This month, that article is entitled Broemmer v. Abortion Services of Phoenix, Ltd.: Arizona’s Curious Contribution to the Law of Contractual Arbitration.  The Broemmer case, at 840 P.2d 1013 (1992), is in numerous … Continue reading Quaint Remembrances of Contract Law and Arbitration

Quote of the Day

We all know Abraham Lincoln’s famous quote about discouraging litigation.  Here’s another we should tell our students, especially when teaching negotiation ethics: There is a vague popular belief that lawyers are necessarily dishonest. Both quotes can be accessed here. Hat tip PrawfsBlog  

Nitro-Lift Technologies v. Howard: Judicial Review and the Contractarian Model of Arbitration

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

Blankley on the Newest Class Arbitration Case to Reach the Supreme Court

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

Nitro-Lift Technologies v. Howard: Forum Selection and the FAA Savings Clause

As I argued in a recent post, Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012), is another in an increasingly long line of cases that trample on state sovereignty in the name of the Supreme Court’s fabricated “federal policy favoring arbitration.” The question for state courts chafing under this regime is whether legal strategies exist … Continue reading Nitro-Lift Technologies v. Howard: Forum Selection and the FAA Savings Clause

Nitro-Lift Technologies v. Howard: The Arbitration Locomotive Rolls On

As Jill Gross suggested in her post the other day, there is nothing novel about the Supreme Court’s per curiam decision in Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012). And the fact that the case seems unexceptional is powerful evidence for how extreme the Supreme Court’s arbitration jurisprudence has become. Like most states, Oklahoma has … Continue reading Nitro-Lift Technologies v. Howard: The Arbitration Locomotive Rolls On

Deadline Extended for Law & Society

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