From FOI Jean Sternlight: The Seventh Circuit has just issued a very important decision, Lewis v. Epic Systems Corp., banning the use of an arbitral class/collective action prohibition in a non-unionized wage and hour claim. The decision is based on Section 7 of the National Labor Relations Act, which protects the right of all employees, … Continue reading Seventh Circuit Protects Employees’ Right to Bring Collective Actions, Despite Arbitral Waiver
I apologize for interrupting the steady stream of John Lande photo albums to report that the first comment letter on the Consumer Financial Protection’s Bureau proposal (regulation CFPB-2016-0020, RIN 3170-AA51) to ban class action waivers in consumer financial agreements has been posted on the CFPB website. Thanks to the incredible drafting and organizing efforts of … Continue reading 210 Professors Sign Comment Letter on CFPB Proposed Ban on Class Action Waivers
I am proud to announce that Pace Law School has been renamed the Elisabeth Haub School of Law at Pace University in honor of the late German philanthropist and environmental advocate, who has had a long partnership with our law school. See Press Release, here. Pace will become the first law school to be named … Continue reading Pace Law Renamed for Environmentalist
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