Last weekend a woman was arrested for disorderly conduct after allegedly talking for sixteen hours while in the “quiet car” on an Amtrak train from Oakland, California to Salem, Oregon. I have to admit my first reaction to this news was shock that anyone could talk for sixteen hours. But, assuming the facts are as they … Continue reading Cell Phone Court?
Thanks to Professor Rick Bales at Workplace Prof Blog for this tip — Senator Al Franken has, as expected, reintroduced the Arbitration Fairness Act. See Franken re-introduces AFA: http://lawprofessors.typepad.com/laborprof_blog/2011/05/afa-re-introduced.html While I am not suprised by the Act’s reintroduction, its broad coverage, eliminating pre-dispute arbitration agreements for consumer, franchise and employment disputes, is not headed for … Continue reading Franken Reintroduces Arbitration Fairness Act
LimeWire was the most recent file-sharing service to incur the wrath of the recording industry. The industry sued and pursued its outrageous claims (it originally sought more than one trillion dollars in damages) to trial. Midway through trial, the parties settled the case for $105 million following a successful mediation. What’s interesting about that is … Continue reading Recording Industry Can Use ADR After All
As Art mentioned yesterday, the Supreme Court, in CompuCredit Corp. v. Greenwood, 79 U.S.L.W. 3442, 2011 WL 220683 (U.S. May 2, 2011), agreed to decide next term the following Question Presented: “Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration … Continue reading Supreme Court Grants Cert to Decide Arbitrability of Federal Claim
In light of all of the arbitration opinions coming out of the US Supreme Court the last several years, not to mention the Court’s recent decision to grant cert in CompuCredit v. Greenwood, the AALS ADR Section has issued a call for papers for its upcoming program at the AALS Conference in January 2012. The explanatory … Continue reading Call for Papers: The Supreme Court and the Future of Arbitration
The Oregon Law Review is doing a call for papers for a special ADR-themed issue — “ADR for the Masses” — that addresses some of the challenges and issues inherent in using appropriate/alternative dispute resolution processes in large-scale contexts, including mass torts, mass settlements, collaborative governance, and organizational DSD (not an exhaustive list). The call for … Continue reading Call for Papers – ADR and the Masses
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)
