ADR

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Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has written “Dangers of Digitizing Due Process,” University of Missouri School of Law Legal Studies Research Paper No. 2020-01 (Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory).  In her research article, Professor Schmitz examines potential concerns related to the increasing role of technology in the dispute resolution process.…
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Germany does not have US style class actions. The introduction of the Capital Market Investors’ Model Proceeding Act (Kapitalanlegermusterverfahrensgesetz, KapMuG) in 2005 (triggered by the Deutsche Telekom securities litigation) and of the Model Declaratory Proceedings (Musterfeststellungsklage) that were added to the German Code of Civil Procedure (ZPO) in November 2018 in order to address the wave of Diesel litigation have not really changed that. In the assessment of the plaintiffs’ bar, Germany’s legal tools for…
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Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means. As a recent scholar noted: “The phrase ODR is too broad to be useful.” For ODR to be properly utilized, more clarity is needed to help practitioners understand the scope, benefits, and drawbacks of ODR. This post is the first in a new series seeking to shed…
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In a judgment of November 2019, which was reported in the press only recently, the Magdeburg District Court (Landgericht) had to decide a dispute between the current owner of a painting and the heirs of a former owner who had the painting registered in the Lost Art Database. The judgment has, in true German tradition, been published in an anonymised version. Read in conjunction with the press coverage of the dispute in The Art Newspaper…
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A North Carolina federal court has ordered a data breach lawsuit that was filed against Epic Games, the developer of the popular video game Fortnite, to individual arbitration.  In Heidbreder v. Epic Games, Inc., No. 5:19-cv-00348 (E.D.N.C. February 3, 2020), a Missouri man accused Epic Games of failing to adequately secure customer financial and other data.  In his putative class action complaint, Heidbreder claimed this failure resulted in his debit card account information being…
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A California federal judge has issued a preliminary injunction against a new state law that would prohibit employers from requiring workers to sign a mandatory arbitration provision as a condition of employment.  In Chamber of Commerce of the USA et al. v. Becerra et al., No. 2:19-cv-02456, a group of plaintiffs filed a complaint in the Eastern District of California asking the court to declare California’s AB 51 preempted by the Federal Arbitration Act. …
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A thought-provoking book about alternative dispute resolution was recently made available for download online.  The book, titled “University of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement,” John Lande, ed., 2020; Missouri School of Law Legal Studies Research Paper No. 2020-03, was edited by University of Missouri School of Law Professor Emeritus John Lande.  A wide variety of legal scholars, including Lande, contributed to the work.…