I join the nation in mourning over the loss of Justice Antonin Scalia this past weekend. Though I rarely agreed with his written opinions, he certainly did provoke and engage in healthy debates about critical issues, which are incredibly important to a functioning democracy. Having just published an article critiquing three of his most recent … Continue reading Justice Scalia and Arbitration
Most of us saw John’s post a few days ago regarding the open position of Director of the ABA Dispute Resolution Section (here). For those who were wondering what happened to David Moora, the former Director, here is the announcement: After serving as Director of the ABA Dispute Resolution Section for five years, … Continue reading ABA DR Section – What happened to the former Director?
Ramona Lampley (St. Mary’s) has published Underdog Arbitration: A Plan for Transparency, in the Washington Law Review, in which she proposes an interesting solution to the lack of transparency in mandatory arbitration. Here is the abstract: The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even … Continue reading Lampley on “Underdog Arbitration”
Kudos to Cynthia Alkon (Texas A&M) for taking over as Chair of the AALS ADR Section, and for organizing a wonderful program at the AALS Annual Meeting on problem-solving courts. Cynthia moderated the star-studded panel (star-studded at least in the problem-solving court arena) through a lively 3-hour discussion of the origins, theory and current controversies … Continue reading AALS ADR Section Program on Problem-Solving Courts
On Monday, in The Fredericksburg Care Co., L.P. v. Perez, et al., 2016 WL 100844, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing … Continue reading SCOTUS denies cert in nursing home arbitration case
As i blogged here and here, in mid-2014, FINRA appointed a Task Force, Chaired by (retired) Professor Barbara Black, my former colleague and frequent co-author, “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.” The 13-member Task Force includes forum arbitrators, representatives from … Continue reading FINRA Dispute Resolution Task Force Issues its Final Report and Recommendations
As Art posted yesterday, the Supreme Court once again held that the Federal Arbitration Act preempts a conflicting state law. The DRLE listserv already has featured some interesting commentary about the case and the Justices’ tone in both the majority and dissent. I am posting today to provide a few more details of the case and … Continue reading More on DirectTV v. Imburgia
In 2000, NASD (now FINRA) spun off its dispute resolution subsidiary from its regulatory functions to bolster investors’ perception that the forum is neutral and to enhance the credibility of its securities arbitration and mediation services. Last month, the SEC released for public comment a proposal FINRA filed to merge its Dispute Resolution subsidiary into … Continue reading FINRA’s Bad Idea to Merge its Dispute Resolution Subsidiary into FINRA Regulation, Inc.