Business Week reported yesterday that NAF will no longer do consumer card arbitration, and if I’m reading the article correctly, will no longer do any of a range of other consumer arbitrations. A settlement of the Minnesota Attorney General’s claim against NAF, this could shake up arbitration from a provider side, just as Congress has … Continue reading NAF Announcement — Out of Consumer Arbitration
The Minnesota AG’s complaint is here, and the NAF’s response from its website is here. Under Minnesota’s state rules of civil procedure, which I’m pretty sure parallel the FRCP on these matters, we’ll probably have a chance to see NAF’s answer relatively soon. Michael Moffitt
See the USA Today story discussing the case at: http://www.usatoday.com/money/perfi/credit/2009-07-14-credit-card-arbitration-firm-lawsuit_N.htm While I don’t necessarily agree that NAF’s potentially problematic financial arrangements impugns the integrity of consumer arbitration generally, I agree that, if proven true, these allegations seriously challenge NAF as an independent, neutral provider of arbitrator services for consumer arbitration. It will be sad if … Continue reading USA Today has story on lawsuit against NAF
The Minnesota Attorney General filed suit today against the National Arbitration Forum alleging multiple counts of consumer fraud in violation of Minnesota law. The suit stems from an allegation that both the NAF and many of the collection firms that regularly use its services are owned, at least in part, by the same company. Business … Continue reading Minnesota AG sues the National Arbitration Forum
From Ken Cloke: The Copenhagen Climate Change Conference: What You Can Do In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to … Continue reading Copenhangen Climate Change Conference Needs ADR Input
Finally up for air after a terrific training yesterday for our new volunteer attorney-mediators, I am delighted to announce that Marquette will be starting a Milwaukee Foreclosure Mediation Program. You can link here for the website giving the background details (generous funding by the city and state–see the announcement by the dean here) and also to … Continue reading Milwaukee Foreclosure Mediation Program Kickoff
Many of us who attended the ABA Dispute Resolution Conference in New York this past April were lucky enough to see an excellent movie about women and the peace movement in Liberia: Pray the Devil Back to Hell (http://www.praythedevilbacktohell.com/v3/). This past week the Liberian Truth and Reconciliation Commission (TRC) released its report. The recommendation getting … Continue reading Facing the past in Liberia
The Associated Press reports: “The private developer of the World Trade Center site threatened Monday to go to an arbitrator unless he and the site’s owner quickly settle a monthslong impasse over how much each should pay to build office towers at ground zero.” How sad to see the terms “arbitrator” and “threaten” in the … Continue reading World Trade Center Developer Threatens Arbitration
A WSJ online article posted here reports that the spike in arbitration filings at FINRA Dispute Resolution is testing recent changes to the process designed to make the forum fairer to investors. The article begins: “Many investors who suffered massive losses in their portfolios are filing complaints against the brokers and brokerage firms that sold them … Continue reading WSJ Asks if FINRA Arbitration is “New and Improved”
Here is a link to a recent column in the New York Law Journal explaining that arbitrators are less prone to grant a dispositive motion than judges, suggesting that disputants are more likely to get to a hearing phase in arbitration than in court. Given the Supreme Court’s recent tightening of the pleading and summary judgment … Continue reading Arbitrators grant dispositive motions less often than judges
