Latest from Disputing

Charlotte Alexander, Associate Professor of Law of Legal Studies at Georgia State University College of Law, and Nicole G. Iannarone, Assistant Professor of Law at Drexel University Thomas R. Kline School of Law have published an article titled, “Winning, Defined? Text-Mining Arbitration Decisions,” Cardozo Law Review, forthcoming.  In their journal article, the authors endeavor to understand consumer arbitration outcomes by examining the outcomes of approximately 60,000 FINRA arbitration decisions. The abstract states:…
A state appeals court has ruled a nursing home’s arbitration is void in part because its language is “dense and meandering,” which prevented a meeting of the minds.  In Estate of Bright v. Aristacare at Cherry Hill, No. A-3640-18T3 (N.J. Super. Ct. App. Div., February 26, 2020), a New Jersey woman, Bright, was discharged from the hospital to a nursing home, Aristacare.  At the time of her admission to Aristacare, Bright was apparently on several…
A federal court in Arizona has ordered a $5.1 million lawsuit that was filed against a Real Housewives of Beverly Hills (“RHOBH”) star to arbitration.  In Stillwell Madison, LLC v. Girardi & Keese, et al., No. 2:19-CV-03563 (D. Arizona, March 16, 2020), a RHOBH cast member Erika Girardi, her spouse, and her spouse’s law firm were accused of using loan proceeds for unintended purposes in the United States District Court for the District of Arizona. …
Richard Frankel, Associate Professor of Law at Drexel University’s Thomas R. Kline School of Law, has published “Corporate Hostility to Arbitration,” Seton Hall Law Review: Vol. 50: Issue 3, Article 3.  In his scholarly paper, Professor Frankel examines some corporate contract approaches used to limit arbitration provisions. Here is the abstract: In the last thirty years, corporations have aggressively and successfully pushed the Supreme Court to invalidate virtually all state regulation of…
The United States Court of Appeals for the Fifth Circuit has upheld a nearly $63 million arbitration award that was issued against a California company owned by a foreign corporation.  In Soaring Wind Energy, L.L.C., et al. v. Catic USA Inc., et al., No. 18-11192 (5th Cir., January 7, 2020), a Dallas-based company, Tang Energy Group (“Tang Energy”) and California-based Catic USA entered into a partnership agreement that created Soaring Wind Energy designed to…
On Friday, the American Arbitration Association and its international division, the International Centre for Dispute Resolution (“ICDR”), issued a “COVID-19 Update.”  The update primarily addressed the AAA-ICDR’s business continuity capabilities, video arbitration technologies, and health and safety measures that are currently being taken by the organization.  Regarding video arbitration, the AAA-ICDR stated: Video Capabilities The AAA-ICDR can assist with alternative hearing arrangements, including offering AAA-ICDR hearing rooms with video capability that will allow…
The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak.  The letter states: Dear Colleagues, As you may well be aware, the status of the COVID-19 outbreak has evolved over the past few days. In this regard, we encourage parties, arbitral tribunals and other neutrals to remain appraised of any developments and consider discussing their potential impact on pending proceedings, if and when necessary. With particular regard…
Over the last few weeks, several attorneys and their clients have told me they anticipate exceptional challenges moving forward with mediations amid new travel restrictions and developing health and safety concerns. I imagine these challenges will only increase in the coming months. In response to these concerns, we are accelerating plans to launch a new telemediation service. This service will allow you and your clients to participate in every stage of the mediation process remotely…
Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Law Program at Pepperdine University School of Law, has written, “Buying Secrecy: Non-Disclosure Agreements, Arbitration, and Professional Ethics in the #MeToo Era,” Legal Studies Research Paper Series Number 2020/5.  In her scholarly work, Professor Weston examines ethical issues for both attorneys and neutrals to consider in the context of private and alternative dispute resolution settlement processes. Here is…
The United States Court of Appeals for the Seventh Circuit has established a class notice standard related to workers who sign arbitration agreements in a wage and hour dispute filed against social media giant Facebook.  In Bigger v. Facebook, Inc., No. 19-1944 (7th Cir., January 24, 2020), a Facebook employee, Bigger, filed a putative class action lawsuit against Facebook in the Northern District of Illinois.  According to Bigger, the company failed to provide her…