Tag Archives: Arbitration

International Dispute Resolution Symposium at Washington University

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The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University →

What is (A)DR About?

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Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About? →

General Mills Reverses Course — Comments from Imre Szalai

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I learned this morning that General Mills retracted its arbitration policy in the face of considerable criticism. See http://www.nytimes.com/2014/04/20/business/general-mills-reverses-itself-on-consumers-right-to-sue.html?_r=0. Imre Szalai comments on the reversal: “You have probably seen the news that general mills reversed itself this weekend after the public outcry over GM’s recently-implemented arbitration policy. I’m glad this 180 degree reversal occurred. I … Continue reading General Mills Reverses Course — Comments from Imre Szalai →

NLRB files petition for rehearing in D.R. Horton (class arbitration) case

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From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case →

Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision

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Today, the Supreme Court in Oxford Health Plans v. Sutter, http://www.scotusblog.com/case-files/cases/oxford-health-plans-llc-v-sutter/, affirmed its commitment to narrow judicial review of arbitration decisions. In Sutter, the arbitrator interpreted an arbitration agreement to permit class arbitration. Because the parties asked the arbitrator to interpret the agreement, the only question for a court, according to the Supreme Court, is … Continue reading Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision →

Schwartz Lecturer Professor Chris Drahozal to Speak at Moritz on Thursday, March 28th

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Following yesterday’s exciting oral argument in Sutter v. Oxford Health Plans (more on that later), I am pleased to announce that Ohio State’s 2013 Schwartz Lecture will be given by Professor Christopher Drahozal, from University of Kansas, on Thursday at noon in Saxbe Auditorium. Please join us if you are in Columbus! Chris’s very timely … Continue reading Schwartz Lecturer Professor Chris Drahozal to Speak at Moritz on Thursday, March 28th →

The Commodification of Legal Decisionmaking

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The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last forty years to add enough judges to keep up with the draconian penal laws that … Continue reading The Commodification of Legal Decisionmaking →

SDNY Invalidates Class Waiver for FLSA Claim

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Earlier this month, the NLRB ruled that employers may not require employees to consent to the waiver of class rights as part of an employment arbitration agreement. The NLRB’s rationale was that the Fair Labor Standards Act and the Norris-LaGuardia Act guarantee employees the right to enforce their provisions through collective action. Now, in Sutherland … Continue reading SDNY Invalidates Class Waiver for FLSA Claim →

How Will Courts Review the NLRB Employment Class Action Decision?

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Jean Sternlight’s post on the NLRB’s decision in D.R. Horton, Inc. and Michael Cuda cogently summarizes the NLRB’s rationale for treating class waivers differently in the employment context governed by the NLRA than in other FAA contexts. As she points out, this decision is controversial. Because it runs counter to a steady current of Supreme Court … Continue reading How Will Courts Review the NLRB Employment Class Action Decision? →