Alternative Dispute Resolution

Arbitrators Can Award Legal Fees Despite Dutch-Treat ADR Pact, 2nd Circuit Says

The arbitration agreement between two insurance companies called for each to bear its own costs to resolve a dispute. But that didn’t prevent the arbitration panel from awarding sanctions, the New York City-based 2nd U.S. Circuit Court of Appeals has decided. Overruling a federal trial judge on the sanctions issue,…

Apr 14, 2009 10:30 PM CDT

Giants Must Pay $1M Bonus to Burress Even Though He Shot Himself

After accidentally shooting himself in the leg in a Manhattan nightclub last year, Plaxico Burress was suspended for four games by the New York Giants and fined an additional amount equal to one week’s salary. But the combined penalty of a little over $1 million suffered by the star wide…

Apr 6, 2009 6:38 PM CDT

Arbitrator Rules EEOC’s Comp Time Policy Violated Labor Law

An arbitrator has ruled the Equal Employment Opportunity Commission is violating federal labor law by seeking to avoid paying workers for overtime. Arbitrator Steven Wolf ruled the agency pressured employees to take compensatory time rather than overtime pay in violation of the Fair Labor Standards Act, the Washington Post reports.…

Mar 31, 2009 12:45 PM CDT

Obama Says Medical Malpractice Reform Is ‘On the Table’

The Obama administration is considering medical malpractice reform as part of an overhaul of the health care system. Past efforts to cap pain and suffering damages in medical malpractice suits failed in recent years, the Associated Press reports. But now some Democrats and the president himself say costs need to…

Mar 18, 2009 6:50 PM CDT

Consumers Won More than Half of Arbitrations Studied

Arbitration of consumer disputes is not the business friendly forum that some critics charge, according to the results of a new study by Northwestern law school. The study of 301 cases handled by the American Arbitration Association found that consumers won some relief in 53 percent of the cases they…

Mar 12, 2009 6:09 PM CDT

Appeals Court Blasts Settlement Firm, Nixes Deal Costing Victim $300K

A federal appeals court has refused to approve a lump-sum deal that cost a bombing victim around $300,000 because the Houston settlement company that struck the agreement evaded a Pennsylvania law requiring court approval. The company, Rapid Settlements, agreed to pay $32,000 upfront to the father of a 13-year-old boy…

Mar 10, 2009 3:12 PM CDT

Supreme Court Rules for Consumer Resisting Compelled Arbitration

The U.S. Supreme Court has ruled that a federal court has no jurisdiction to hear a credit card company’s motion to compel arbitration of a consumer dispute that began in state court. The justices ruled 5-4 in favor of consumer Betty Vaden, the Associated Press reports. Discover Bank had filed…

Mar 9, 2009 4:49 PM CDT

Lawyer Who Sued Company CEO is Target of Claimed Cyber-Attack Campaign

In nearly 20 years as a trial lawyer, Keith Fink has encountered plenty of hardball litigation tactics. But the cyber attacks he has suffered since he began representing former employees of American Apparel in litigation against the company are unique. “I’ve never experienced it, I don’t know any lawyer that’s…

Jan 28, 2009 1:55 AM CST

Laid-Off Holland & Knight Partner Sues Over Retirement Benefits

A partner laid off by Holland & Knight in 2002 has filed a suit seeking retirement benefits of more than $5,000 a month. R. Thomas Farrar claims in the suit that the law firm violated his partnership agreement and waived its right to arbitration, the Daily Business Review reports. He…

Jan 7, 2009 11:57 AM CST

Possible Private Court Hearings in R.I. Raise ACLU’s Hackles

An almost 25-year-old law in Rhode Island is suddenly controversial, as it looks like it might be implemented for the first time. The so-called hire-a-judge law enacted by the state in 1984 is the basis of an apparent plan by the Rhode Island Supreme Court to allow litigants in civil…

Dec 24, 2008 6:31 PM CST

Court Reveals Sham Arbitration Pact to Clear American Apparel CEO

A California appeals court opinion has revealed an unusual agreement for a sham arbitration proceeding that would clear the CEO of American Apparel of sexual harassment allegations. The agreement called for a secret payment of $1.3 million to former sales manager Mary Nelson in exchange for her agreement to an…

Nov 6, 2008 4:03 PM CST

Companies Prefer Litigation in Business, but not Consumer, Contracts

Companies that tout the virtues of arbitration appear to prefer litigation for disputes involving contracts with other companies, according to a study by three law professors. More than three quarters of contracts by companies studied required mandatory arbitration of consumer disputes. But fewer than 10 percent of their contracts outside…

Oct 6, 2008 12:57 PM CDT

Islamic Court Rulings are Enforceable in the United Kingdom

Islamic law now has legal effect in the United Kingdom, under a 1996 arbitration statute that recognizes the rulings of a network of five Shariah courts. Although there was a huge public outcry earlier this year when the Archbishop of Canterbury said that further recognition of such courts in Great…

Sep 19, 2008 5:55 PM CDT

Did Judge Refer Cases to Lawyer in Exchange for a Cut-Rate Divorce?

A Minnesota judge has been accused by a state disciplinary body of referring at least 19 divorce mediation cases to his personal attorney, in exchange for a $64,000 discount on the legal bill for his own divorce. His ex-wife then reportedly dropped the dime on his alleged misconduct. “In 2004,…

Aug 28, 2008 10:53 PM CDT

L.A. Mediator’s Online Show Picked Up By Radio Network

The online show of Los Angeles mediator Lee Jay Berman has been picked up by the American General Media radio network. The show is called “Talk It Over,” and offers advice on conflict resolution and commentary on news items, the Daily Journal (reg. req.) reports. The show will air at…

Jul 14, 2008 12:50 PM CDT