Second Circuit Refuses to Enforce Class Action Waiver in Arbitration Agreement

The Second Circuit ruled today that a class action arbitration waiver contained in credit card agreement was unenforceable. See In Re: American Express Merchants’ Litigation, No. 06-871 (2d Cir. 2009). The relevant part of the arbitration agreement stated: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL … Continue reading Second Circuit Refuses to Enforce Class Action Waiver in Arbitration Agreement

Class Action Arbitration Waiver in Consumer Contract Enforceable

A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable

When Will They Every Learn? by Carrie Menkel-Meadow

I am delighted to post here a guest blog from Carrie Menkel-Meadow: On the eve of the Israeli bombing of Hamas sites in Gaza, I returned from the most recent of two trips to Israel and the West Bank.  My mission, as a conflict resolution expert, practitioner and teacher, is to facilitate learning about conflict.  My work … Continue reading When Will They Every Learn? by Carrie Menkel-Meadow

Calling All Mediation Professors – Your Plans for the ABA DR Section’s 2009 Annual Meeting

As we begin to dive into the Spring semester, you’ll find yourself thinking about making flight reservations for the ABA Dispute Resolution Section’s Annual Meeting in April.  We want you to know about a new program we’re testing out: Law Professors’ Teaching Forum: Mediation Shop Talk. It will be held on Saturday April 18, from … Continue reading Calling All Mediation Professors – Your Plans for the ABA DR Section’s 2009 Annual Meeting

Law Schools Customize Degrees to Students’ Taste…

The Chrnonicle of Higher Education ran an article by this title today.  In it, they talk about the trend in some law schools toward having specializations within the JD program and with joint-degree programs. Predictably, some think it’s a great idea (showing off the strengths of the school, tailoring to the needs of the students, … Continue reading Law Schools Customize Degrees to Students’ Taste…

Useful Information about Foreclosure Mediation

David Moora of the ABA Section on Dispute Resolution advised me about a new resource page regarding residential foreclosure mediation. The resources, put together by the ABA Section on Dispute Resolution’s Mediation Committee, include, “descriptions and links to programs from ten states that have mandated the use of mediation in foreclosure actions; the page also … Continue reading Useful Information about Foreclosure Mediation