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
This will be the last post regarding the trip from Israel (at least for now!) and I wanted to close with some of the students’ last reflections and humorous comments about the trip: Most people said I was a little crazy for heading to Israel in my first trip out of the country but what … Continue reading Israel Reflections–Closing Thoughts
Most of our loyal readers know that the deafening silence on the blog this week is due to the fact that we are all in Denver at the ABA Dispute Resolution Spring Conference, attending as many of the 90 plus program offerings, Section Council meetings, Section subcommittee meetings, dine-arounds and social events that we can. … Continue reading Greetings from Denver – ABA DR Spring Conference
How could I not blog about the Ninth Circuit’s decision earlier this week in Facebook, Inc. v. ConnectU, Inc., No. 08-16745, 2011 U.S. App. LEXIS 7430 (9th Cir. April 11, 2011)? It involves the interaction of three of my favorite things: ADR, Securities Law and Facebook. The primary ADR issue before the Ninth Circuit was … Continue reading ADR, Securities Law and Facebook – I “like”
If you’ve been following the blog posts related to the Marquette-ASU Israel trip, you’ll recall the awful time we had getting back to the US. Ben Traver didn’t have to endure this problem as he scheduled a couple of extra days in Israel to travel on his own. Having a true sense of adventure and a natural … Continue reading Israel Reflections – A Close Call
On our very last day in Israel, with the sun shining and after spending an hour on the beach, we forced the students back on the bus to Tel Aviv University to have a joint class with Moty Cristal’s class from the International Master’s in Dispute Resolution program. If ever I was worried that the … Continue reading Israel Reflections–Negotiation Aikido Israeli-Style
