June 17, 2014

Gilles & Sebok on Crowd-Classing Individual Arbitrations

By Paul Kirgis

In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They … Continue reading

March 26, 2014

Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration

By Art Hinshaw

Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration. ———————————– Public Justice, a public interest law firm that has been fighting mandatory consumer and employment arbitration … Continue reading

March 14, 2014

“Suck it” for $80,000 Alex

By Art Hinshaw

News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable.  From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here.  And, a tip of the cap to Lowering the Bar ————————– On … Continue reading

March 5, 2014

Carrel: Reflections on Restorative Justice in the Gutierrez case

By Art Hinshaw

FOI Alyson Carrel (Northwestern) sends this reflection on the recent events in the case of Jewlyes Gutierrez. —————————- This past week, Jewlyes Gutierrez, a transgender teen who was charged with misdemeanor battery after getting into a fight with three other … Continue reading

December 16, 2013

Sternlight: Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?

By Art Hinshaw

FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. ——————————————– These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others.  In case after … Continue reading

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December 16, 2013 in Public Policy | Permalink | No Comments

November 22, 2013

Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare

By Art Hinshaw

On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.”  Friend of Indisputably Lela Love was kind enough to send along this synopsis … Continue reading

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November 22, 2013 in Public Policy | Permalink | 3 Comments

September 5, 2013

The Most Recent Example of Arbitration Overreach

By Paul Kirgis

Paul Bland has a compelling post on the Second Circuit’s recent decision in Duran v. The J. Hass Group, in which the court enforced an arbitration agreement requiring a consumer from New York, who alleged she was defrauded of almost $4000, … Continue reading

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September 5, 2013 in Public Policy | Permalink | No Comments

July 16, 2013

Call for Papers – Forced Arbitration in the Workplace

By Art Hinshaw

Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————–  Forced Arbitration In The Workplace: A Symposium About the Symposium  The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy … Continue reading

July 8, 2013

Procedural Justice in Judicial Settlement Conferences

By Art Hinshaw

ADR law prof favorites Nancy Welsh (Penn State), Donna Stienstra (Federal Judicial Center), and Bobbi McAdoo (Hamline) have recently put a most interesting book chapter, The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions, up on SSRN (available … Continue reading

June 28, 2013

Aragaki on Szalai’s Outsourcing Justice: The Rise of Modern Arbitration Laws in America

By Art Hinshaw

Friend of Indisputably Hiro Aragaki (Loyola, Los Angeles) shares his thoughts on Imre Szalai’s (Loyola, New Orleans) new book Outsourcing Justice: The Rise of Modern Arbitration Laws in America.  And don’t forget to follow Imre’s blog of the same name … Continue reading

May 17, 2013

Schwab removes class action waiver from customer agreements

By Jill Gross

Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself and eliminated the class action waiver clause from its pre-dispute arbitration clause in its customer account agreements. See news coverage here. Readers of … Continue reading

May 8, 2013

Arbitration Fairness Act of 2013 introduced in Congress

By Jill Gross

Once again, a bill to ban mandatory arbitration of consumer, employment and civil rights disputes has been introduced into both houses of Congress. It is sponsored by Sen. Al Franken (D-MN) and Rep. Hank Johnson (D-GA). The text is not … Continue reading

January 17, 2013

FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims

By Jill Gross

FINRA Dispute Resolution announced yesterday that it will launch a pilot program to offer pro bono or reduced-fee telephonic mediation to parties whose dispute has a dollar value $50,000 or less. Kudos to FINRA for devising this low cost option … Continue reading

December 7, 2012

Nitro-Lift Technologies v. Howard: Forum Selection and the FAA Savings Clause

By Paul Kirgis

As I argued in a recent post, Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012), is another in an increasingly long line of cases that trample on state sovereignty in the name of the Supreme Court’s fabricated “federal policy favoring … Continue reading

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December 7, 2012 in Public Policy | Permalink | 1 Comment

December 5, 2012

Nitro-Lift Technologies v. Howard: The Arbitration Locomotive Rolls On

By Paul Kirgis

As Jill Gross suggested in her post the other day, there is nothing novel about the Supreme Court’s per curiam decision in Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012). And the fact that the case seems unexceptional is powerful evidence … Continue reading

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December 5, 2012 in Public Policy | Permalink | 2 Comments

November 29, 2012

Regulating the Rogue Mediator

By Art Hinshaw

At the Works-in-Progress Conference at Ohio State (again, great job putting the conference together) I presented an early draft of a paper entitled Regulating the Rogue Mediator.  The abstract is below, and yes it is the longest abstract in the … Continue reading

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November 29, 2012 in Public Policy | Permalink | 5 Comments

August 31, 2012

A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional

By Paul Kirgis

Last winter, I wrote about the Delaware Court of Chancery’s arbitration scheme, in which the court hired out its Chancery Judges to serve as “private” arbitrators, deciding in secret cases they otherwise would have been deciding in public, with proceeds … Continue reading

July 26, 2012

Gender and Attorney Negotiation Ethics

By Art Hinshaw

My piece (w/ Jess Alberts) entitled Gender and Attorney Negotiation Ethics is now up on SSRN.  Frequent Indisputably readers will remember that it was a part of last December’s Washington University New Directions in Negotiation and ADR Conference and appears as part … Continue reading

March 30, 2012

Helfland on Religion and Arbitration

By Art Hinshaw

If you’re not a regular reader of Prawfsblog, you’ve missed out on some excellent guest blogging by Michael Helfland (Pepperdine).  Helfland’s primary interest areas are arbitration and the intersection between law and religion and, not surprisigly, his Prawfs posts of interests focus … Continue reading

March 19, 2012

What do the Mets, Bernie Madoff, and Mario Cuomo have in Common?

By Art Hinshaw

If you’ve been paying attention today’s news, you’ve probably heard that the owners of the New York Mets baseball team and Irving Pickard, the trustee for the Madoff vicitms, settled the Trustee’s claim for $1billion in damages for a reported … Continue reading

March 7, 2012

The Unfairness of Arbitration?

By Art Hinshaw

In today’s New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration.  The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.  That … Continue reading

March 4, 2012

SEC Seeks Public Comment on Two FINRA Dispute Resolution Rule Proposals

By Jill Gross

The SEC has published two requests for public comment on proposals to amend two separate FINRA Dispute Resolution procedural rules. The SEC’s first request for comment on a FINRA rule change proposal to raise the monetary threshold for Simplified Arbitration … Continue reading

March 2, 2012

The Commodification of Legal Decisionmaking

By Paul Kirgis

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 … Continue reading

January 20, 2012

SDNY Invalidates Class Waiver for FLSA Claim

By Paul Kirgis

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 … Continue reading

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January 20, 2012 in Public Policy | Permalink | 2 Comments

January 18, 2012

How Will Courts Review the NLRB Employment Class Action Decision?

By Paul Kirgis

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, … Continue reading

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January 18, 2012 in Public Policy | Permalink | 3 Comments