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Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming. In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”). Here is the abstract: This Article examines…
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim. In ADI Worldlink, L.L.C. v. RSUI Indemnity Company, No. 17-41050 (5th Cir., August 2, 2019), a staffing company, Worldlink, procured a one-year…
Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law, has published “Bargaining in the (Murky) Shadow of Arbitration,” Harvard Negotiation Law Review, Vol. 24, 2019.  In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes. Here is the abstract: Disputing parties who are unable to settle their differences will end up before an adjudicator…
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.  In 20/20 Communications, Inc. v. Crawford, No. 18-10260 (5th Cir., July 22, 2019), a number of employees signed 20/20 Communication’s arbitration agreement as a condition of employment.  The terms of the agreement required each employee to individually arbitrate any future claims against the company. Several…
Alyson Carrel, Clinical Associate Professor and Assistant Dean of Law and Technology Initiatives at Northwestern University Pritzker School of Law, and Noam Ebner, Professor of Negotiation and Conflict Resolution in the Department of Interdisciplinary Studies at Creighton University, have published “Mind the Gap: Bringing Technology to the Mediation Table,” Journal of Dispute Resolution, 2019 (2), 1-45.  In their journal article, the authors discuss incorporating beneficial new technologies into the…
The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States.  The rule summary published in the Federal Register on July 18th states: This final rule amends the requirements that Long-Term Care (LTC) facilities must meet to participate in the Medicare and Medicaid programs. Specifically, we are repealing the prohibition on the use of pre-dispute, binding arbitration agreements.…
Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation & the Rule of Law at Queen Mary, University of London, and Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, have written “Does International Arbitration Enfeeble or Enhance Local Legal Institutions?,” Legitimacy in Investment Arbitration (forthcoming Cambridge University Press 2019). In their book chapter, Professors…
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.  In GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, the 11th Circuit Court of Appeals held…
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.  In Trammell v. AccentCare, Inc., No. 18-50872 (5th Cir., June 7, 2019), a woman, Trammell, provided in-home personal care assistance services for a home healthcare provider, AccentCare, for several years as an at-will employee.  In 2016, the company apparently mailed an arbitration agreement to Trammell’s home.  Trammell did…
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.  In Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar, et al., No. 16-30984 (June 25, 2019), two foreign corporate creditors, Daewoo and Thyssenkrupp Mannex GMBH (“TKM”), sought to attach the same pig iron that was owned by America Metals Trading, LLP (“AMT”) after AMT apparently failed to comply with…