Pyett Analysis — Unions can waive but what is clear and unmistakable?

April 3, 2009 Sarah Cole 2 Comments

As those of you who follow arbitration know, 14 Penn Plaza v. Pyett raised the age-old question whether a union can waive an individual employee’s right to bring a statutory claim in court by mandating that statutory claims be arbitrated through a clause negotiated in a collective bargaining agreement (“CBA”). The issue was initially resolved … Continue reading Pyett Analysis — Unions can waive but what is clear and unmistakable? →

Pyett Decided Today — Union can waive rights

April 1, 2009 Sarah Cole

The US Supreme Court today held that a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law. The Court did not overrule Gardner-Denver; rather, it distinguished it. The decision was 5-4 with Thomas writing the majority opinion. Here is the cite: http://www.supremecourtus.gov/opinions/08pdf/07-581.pdf I … Continue reading Pyett Decided Today — Union can waive rights →

Fame v. Accuracy in Persuasion

March 27, 2009 Andrea Schneider 2 Comments

Columnists in both the New York Times and Newsweek in the last few weeks have discussed how often we tend to be persuaded by people who are just plain wrong. And, as a follow up to our media and conflict resolution conference last week, it was interested to realize what part the media plays in helping … Continue reading Fame v. Accuracy in Persuasion →

International Media & Conflict Resolution Conference

March 25, 2009 Andrea Schneider 2 Comments

Last weekend, we hosted a truly special gathering of scholars and practitioners in the area of media, journalism, international relations, communications, psychology, law and dispute resolution. I will be blogging a few more times about the conference, abstracts, and upcoming Marquette Law Review on the symposium but wanted, for now, to post a couple responses … Continue reading International Media & Conflict Resolution Conference →

Mediation Ethics and a Lack of Regulation – Revisited

March 24, 2009 art hinshaw 1 Comment

Yesterday my Mediation Clinic students spent the day in the down and dirty world of mediation ethics and we discussed the stomach turning case of a local mediator / con-man, Gary Karpin. Regular readers of this blog will remember my posts about this guy from the fall after he was convicted and sentenced to 15 … Continue reading Mediation Ethics and a Lack of Regulation – Revisited →

Hot Potato Conflicts

March 19, 2009 Andrea Schneider

Last week, I taught about successive conflicts in my ethics class and there could be no better timing than the Fish & Richardson case to explain the hot potato scenario. The “hot potato doctrine” means that firms are generally prohibited from dropping smaller clients (like hot potatoes) in order to pick up more lucrative clients. … Continue reading Hot Potato Conflicts →

Hall Street and Manifest Disregard

March 17, 2009 mmoffitt@uoregon.edu

Even Civil Procedure professors are now having fun with the “What did Hall Street mean” game, and the Fifth Circuit’s decision earlier this month in Citigroup v Bacon, (5th Cir. March 5, 2009), is the latest fodder for discussion. Beth Thornburg, of SMU Law School, and William Slomanson, of Thomas Jefferson Law School, recently posted … Continue reading Hall Street and Manifest Disregard →

Using Indictment as a Negotiation Tactic

March 10, 2009 Andrea Schneider

Earlier this month, the prosecutor of the International Criminal Court issued an arrest warrant for Sudan’s president, Omar Hassan al-Bashir, for crimes against humanity and war crimes connected with Darfur. The warrant raises again the timeless question of peace versus justice. (See articles by Marquette visiting professor Lisa Laplante on outlawing amnesty and me on balancing … Continue reading Using Indictment as a Negotiation Tactic →

Discover Bank v. Vaden Decided Today

March 9, 2009 Sarah Cole

Today, the Supreme Court held in Discover Bank v. Vaden, http://www.supremecourtus.gov/opinions/08pdf/07-773.pdf, that a district court should “look through” a petition to compel arbitration to determine whether the case is predicated on a controversy that “arises under” federal law. Jurisdiction cannot be established, however, by a counterclaim if the whole complaint does not “qualify for federal … Continue reading Discover Bank v. Vaden Decided Today →

Nebraska’s Highest Court Reverses Arbitration Award on Public Policy Grounds

March 5, 2009 Sarah Cole 1 Comment

On February 27, 2009, the Nebraska Supreme Court rejected an arbitration award reinstating a state trooper who was fired for belonging to a group affiliated with the Ku Klux Klan. The court held that the arbitrator’s award should not be enforced because it violates the state’s public policy against race discrimination. (Nebraska State Patrol v. … Continue reading Nebraska’s Highest Court Reverses Arbitration Award on Public Policy Grounds →