Alternative Dispute Resolution

Ex-partner who sued Holland & Knight ordered to pay firm $772K

A former partner who sued Holland & Knight for $1.5 million allegedly owed because he was underpaid has not yet had his claim resolved in arbitration, but the law firm has succeeded in its arbitration claim against Charles Gibbs. A Manhattan judge this month confirmed an award, including interest and…

Aug 25, 2017 1:44 PM CDT

Tyler Technologies acquires online dispute resolution company Modria

Online dispute resolution company Modria has been acquired by Tyler Technologies. In a post published Monday by Bob Ambrogi of LawSites, the two companies announced their union at the end of May. Modria, which was co-founded in 2011 by Colin Rule, the designer of eBay’s automated online dispute resolution program,…

Jun 12, 2017 3:25 PM CDT

Can justice be served online?

I recently had an experience with online dispute resolution. And it wasn’t pretty. I am embarrassed to admit it all came about when I clicked on an alluring ad for a face cream. I charged $4.95 on my credit card and within a few days received the product (curiously absent…

May 4, 2017 8:30 AM CDT

Acting on a campaign promise, Trump withdraws from Trans-Pacific Partnership

President Donald Trump on Monday signed an executive order to withdraw from the Trans-Pacific Partnership, saying his decision to abandon the trade deal is “a great thing for the American worker.” The order is “mostly symbolic,” report NPR and the Wall Street Journal (sub. req.), because the deal with 11…

Jan 23, 2017 12:26 PM CST

Supreme Court to consider whether employment contracts can ban worker class actions

The U.S. Supreme Court on Friday agreed to decide whether employers can enforce workplace arbitration agreements that ban worker class actions. At issue is whether the class-action bans violate federal law protecting workers’ rights to join together to contest issues of employment, report the National Law Journal (sub. req.), SCOTUSblog…

Jan 13, 2017 3:59 PM CST

9th Circuit tosses arbitration decision because panel chair lied about being a lawyer

A federal appeals court has overturned an arbitration decision because the person who headed the arbitration panel had falsely claimed to be a California lawyer. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled (PDF) on Nov. 4 that Move Inc. was denied a fundamentally fair hearing because of…

Nov 8, 2016 7:00 AM CST

Judge blocks federal rule that would ban arbitration in nursing home disputes

The implementation of a new rule prohibiting federal funds for nursing homes that enter binding arbitration agreements with residents has been blocked by a U.S. district court judge, who found that the Centers for Medicare & Medicaid Services (CMS) did not have authority to enact the mandate without statutory authority.…

Nov 7, 2016 4:20 PM CST

Judge says Airbnb user who alleged host bias is bound by online arbitration clause

A federal judge in Washington, D.C., has found an African-American man can’t sue Airbnb over alleged bias by one of the website’s hosts, because suits are banned by an arbitration agreement. U.S. District Judge Christopher Cooper ruled on Tuesday that plaintiff Gregory Selden is bound by the mandatory arbitration clause…

Nov 2, 2016 11:34 AM CDT

Judge reluctantly agrees partner’s equal-pay suit against Sedgwick is likely subject to arbitration

U.S. District Judge William Alsup of San Francisco indicated on Thursday that a partner’s pay bias suit against Sedgwick will likely be subject to arbitration, though he’s not happy about it. Alsup said he’s inclined to agree with Sedgwick’s assertion that partnership agreements signed by plaintiff Traci Ribeiro require arbitration,…

Oct 14, 2016 7:00 AM CDT

Federal rule barring forced arbitration of nursing home disputes is likely to be challenged

A new rule that bars nursing homes that receive federal funds from forcing disputes into arbitration is likely to be challenged, according to lawyers involved in litigation over patient care. The Centers for Medicare & Medicaid Services issued the rule on Wednesday, report NPR and the New York Times. The…

Oct 3, 2016 7:50 AM CDT

Company can’t ban employees from pursuing workplace claims as a class, 9th Circuit says

Federal labor law bars companies from requiring employees to give up their right to band together to pursue workplace claims, a federal appeals court has ruled. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 for workers on Monday in an overtime-pay case against Ernst & Young, Reuters,…

Aug 23, 2016 11:16 AM CDT

Tom Brady won’t appeal Deflategate suspension; will the players association seek cert?

New England Patriots quarterback Tom Brady has announced he will drop appeals of his four-game Deflategate suspension. Brady said in a Facebook post that he will “no longer proceed with the legal process,” report the Associated Press, the Washington Post, NFL.com, USA Today and the New York Times. Brady and…

Jul 15, 2016 1:59 PM CDT

Tom Brady loses bid for en banc review in Deflategate suspension

New England Patriots quarterback Tom Brady has lost his bid for en banc review of a decision reinstating his four-game suspension in connection with underinflated footballs during a playoff game. The New York-based 2nd U.S. Circuit Court of Appeals rejected the request for an en banc rehearing on Wednesday, report…

Jul 13, 2016 11:01 AM CDT

Veterans Village of San Diego provides holistic services, including homeless court and legal aid

Shellie Bowman still remembers how clearing a lengthy criminal record affected one client at the Veterans Village of San Diego, a comprehensive homeless services agency.

Jun 1, 2016 1:10 AM CDT

Tom Brady and NFL players union seek 2nd Circuit en banc rehearing of Deflategate ruling

When quarterback Tom Brady of the New England Patriots recently added superstar appellate lawyer Ted Olson to his team, it appeared that he might be anticipating a U.S. Supreme Court appeal of his four-game suspension imposed over the so-called Deflategate incident last year. But, at least initially, Brady and the…

May 23, 2016 2:20 PM CDT