All posts by Sarah Cole

Interesting Fourth Circuit Decision Precludes Consumer from Waiving Rights Under Federal Law

In a rare win for consumers, the Fourth Circuit decided that an arbitration agreement that precluded the arbitrator from applying federal or state law to decide disputes arising under the parties’ loan agreement was unenforceable because it precluded application of law. Read Lise Gelernter’s analysis posted on Workplace Prof Blog: http://lawprofessors.typepad.com/laborprof_blog/2016/02/4th-circuit-on-an-extreme-arbitration-waiver-case.html Hat tip to Rick … Continue reading Interesting Fourth Circuit Decision Precludes Consumer from Waiving Rights Under Federal Law

CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry

Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services industry (banks, credit card issuers etc.) from including class action waiver provisions in pre-dispute arbitration agreements that they require consumers to sign as a condition of doing business with the financial services provider. In … Continue reading CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry

Interesting New Article on FAA Preemption By Gary Spitko

I just learned that Gary Spitko’s latest article, “Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight,” has just been published in volume 20 of the Harvard Negotiation Law Review. The article (abstract below) explores the relationship between federal preemption in arbitration and the ability … Continue reading Interesting New Article on FAA Preemption By Gary Spitko

Moritz College of Law’s Associate Dean and ADR Scholar Chris Fairman

It is with a heavy heart that I pass along the sad news that our colleague in dispute resolution, Moritz College of Law’s Associate Dean Christopher Fairman, passed away unexpectedly last night. The loss of our beloved associate dean and colleague is not easily borne — Chris was a wonderful friend, a terrific listener, an … Continue reading Moritz College of Law’s Associate Dean and ADR Scholar Chris Fairman

The Will as an Implied Unilateral Arbitration Contract

My colleague, Gary Spitko of Santa Clara University School of Law, is publishing an article entitled, “The Will as an Implied Unilateral Arbitration Contract” in Volume 67 of the Florida Law Review. The link to the abstract and manuscript on SSRN is here: http://ssrn.com/abstract=2575761. Gary’s work on dispute resolution and its intersection with trusts and … Continue reading The Will as an Implied Unilateral Arbitration Contract

Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?

As an arbitrator and teacher of arbitration, I’ve noticed that legal issues are more frequently the focus in arbitration proceedings, both non-labor and labor. I have watched non-lawyer representatives struggle to make legal arguments (although, in fairness, sometimes that is true of lawyers as well). To ensure adequate representation of parties in arbitration involving legal … Continue reading Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?

No Surprise — Iskanian Court Enforces Class Action Waiver

From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver

Further Thoughts on Armstrong Arbitration Award

Kristen Blankley, who has written on the issue of perjury in arbitration and teaches dispute resolution and ethics courses at the University of Nebraska College of Law, offers additional thoughts (at my request) on the Armstrong arbitration award issued yesterday. From Kristen: Earlier this week, SCA Promotions, a Texas company, filed a motion in Texas … Continue reading Further Thoughts on Armstrong Arbitration Award