ADR Prof Blog

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 [...]

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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 [...]

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I am excited to bring you news of the imminent publication of Designing Systems and Processes for Managing Disputes, authored by Nancy H. Rogers, Robert C. Bordone, Frank E.A. Sander and Craig A. McEwen. The first coursebook in Dispute Systems Design is a terrific book that will provide a hands-on interdisciplinary approach to the field [...]

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I read with interest the transcript of today’s oral argument in the highly anticipated American Express v. Italian Colors Restaurant case, No. 12-133. As I suspected, though, following oral argument, it would seem unlikely that the Court will decide in the merchants’ favor. Instead, the likely outcome is that the Court will hold that merhcants [...]

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The quarterly edition of the Moritz College of Law’s Mayhew-Hite Report on Dispute Resolution in the Courts, a joint publication of the Moritz Program on Dispute Resolution and the Ohio State Journal on Dispute Resolution, is available at: http://moritzlaw.osu.edu/epub/mayhew-hite/2012/12/381/ Highlights of this issue include a transcript of Ken Feinberg’s Lawrence Lecture, given at Moritz last [...]

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