Not long ago, a federal court in Oregon gratned summary judgment for the defendants in a legal malpractice claim. The case highlights the stakes involved in expansive mediation privileges. Or put differently, the case highlights the tradeoffs of having limited exceptions to a mediation privilege. For anyone looking for a good set of modern facts … Continue reading Mediation Confidentiality & Attorney Malpractice
The Daily Labor Report states: By a vote of 93-7, the Senate Oct. 6, passed legislation (H.R. 3326) with an amendment that would prevent the Defense Department from using funds appropriated by Congress for any new or existing federal contract if a defense contractor or “subcontractor at any tier” requires a worker to sign a … Continue reading Franken Changes to Job Arbitration Bill Pass Senate
FINRA Dispute Resolution announced earlier this week that it is expanding the pilot program it launched in 2008 to provide investors with more choice in selecting arbitrators for customer cases heard by FINRA arbitrators. Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike … Continue reading FINRA Expands Its Public Arbitrator Pilot Program
… Barrack Obama, as of about half an hour ago. The four U.S. Presidents to have received the Noble Peace Prize. http://nobelprize.org/ http://www.cnn.com/2009/WORLD/europe/10/09/nobel.peace.prize/index.html
Another take on the implications of Hall Street. This article discusses the fate of the manifest disregard standard and considers whether parties may have avenues other than the FAA for obtaining review of their arbitration awards: “Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption” NICHOLAS R. WEISKOPF, St. John’s University – School of … Continue reading Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption
Many thanks to Art, Andrea, and the other hosts for giving me the chance to report back on the conference recently hosted by the Carey Center at St. John’s titled ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination. This is clearly an emerging field, with UNLV’s Saltman Center hosting a conference raising some of the same issues … Continue reading ADR Meets Bankruptcy, Pt. 1
The Daily Labor Report notes that Senators Al Franken and Mary Landrieu proposed legislation designed to address some of the issues raised by the Jamie Leigh Jones case. That case, discussed in one of my earlier posts, addressed the question whether an employee of Halliburton could be required to arbitrate her rape claims as well … Continue reading Proposed Legislation Designed to Avoid Arbitration of Tort Claims
Just learned about a blog, written by Adrienne Carlson, that has links to a number of devices to be used in the classroom. It looks like some of them would be useful for teaching dispute resolution. See http://www.accreditedonlineuniversities.com/100-best-open-source-apps-for-educators/ (look at CoFFEE and Mando, in particular).
Please join me in welcoming Professor Paul F. Kirgis from St.John’s University as a guest blogger here on Indisputably. As you may recall, St.John’s recently hosted a symposium entitled: ADR Meets Bankruptcy: Cross Purposes or Cross Pollination? (For more info on the conference, go here.) According to Paul, the presentations were eye-opening, and we’ve asked … Continue reading Welcome Guest Blogger Paul F. Kirgis
On Friday October 9th our good friends at the University of Missouri have a symposium entitled the Creeping Legalism of Labor Arbitration. There’s been a lot of discussion recently about whether arbitration is the new litigation, and this program will take that concept a step further. The line up of speakers is very good, which … Continue reading The Creeping Legalism of Labor Arbitration
