Alternative Dispute Resolution

N.M. Supreme Court Is Fifth to Strike Down Class Action Waiver

State supreme courts are increasingly striking down mandatory arbitration agreements that bar class action lawsuits. The latest state court to act is New Mexico’s, the Wall Street Journal reports (sub. req.). It ruled last week that a class action ban was unconscionable because it “essentially foreclosed” relief in a case…

Jul 3, 2008 10:52 AM CDT

They Dun Them Wrong

Suits challenge use of mandatory arbitration clauses to pursue debtors

Jul 1, 2008 3:00 PM CDT

Is There a Specialist in the House?

As the number of lawyers being certified as personal injury specialists in Texas dwindled to 17 last year, administrators at the state bar certifying board knew exactly what the problem was: trials—or, more precisely, the lack thereof.

Jul 1, 2008 1:25 PM CDT

Court Tosses Arbitrator’s Suit Against Law Firm That Sought His Recusal

A federal judge has ruled a private arbitrator has no standing to sue a law firm based on allegations it made false charges in court papers that sought to disqualify him. Arbitrator Edwin Naythons, a former federal magistrate, had sued the Philadelphia-based law firm Stradley Ronon Stevens & Young for…

May 13, 2008 12:59 PM CDT

Chinese Arbitration Concerns Some U.S. Companies

Some U.S. companies and their lawyers are concerned about arbitration of business disputes in China. In one high-profile case, an arbitrator who sided with PepsiCo Inc. against a Chinese bottler was detained in 2006 on charges of committing financial improprieties within the arbitration organization that hired him, a Chinese-sponsored group…

May 9, 2008 3:57 PM CDT

Law Firms Seek, Unsuccessfully, to Keep Associate Disputes Private

Once upon a time, associates who were let go by their law firms tiptoed quietly out the door, perhaps after several months spent “working” at their desks to find another position. But today, when the power of the Internet can help them sweeten the terms of their severance deals, many…

May 8, 2008 9:13 PM CDT

How Religious Attorneys Get in the Spirit of Law Practice

For religious attorneys, regardless of their particular faith, law practice has a different dimension. In addition to trying to do a good job for their clients, many say they also actively try to comply with the tenets of their belief system. And, when their clients are religious, these attorneys say…

May 7, 2008 6:48 PM CDT

Judge Rules Utah Tribe Is Phony, Throws Out Arbitration Awards

A federal judge has ruled that an Indian tribe formed during a meeting at an Arby’s restaurant in Provo, Utah, is a “complete sham” and the judgments awarded to the group by an arbitration council are phony. The group calls itself the Wampanoag Nation, Tribe of Grayhead, Wolf Band, and…

May 6, 2008 2:24 PM CDT

Plotting Against Probate

Efforts by estate planners, courts and legislatures to minimize probate haven’t killed it yet

May 1, 2008 1:00 PM CDT

Facing Retirement, Fox Rothschild Leader Jumps Ship

A former managing partner and chair of Fox Rothschild is leaving for a litigation boutique so that he can continue to practice law. Louis Fryman, who has been with the 425-lawyer Philadelphia-based law firm for 26 years, is 72 years old and facing mandatory retirement at his soon-to-be-former firm, reports…

Apr 29, 2008 7:30 PM CDT

State Courts Vacating More Arb. Awards for Employees than Employers

State courts are vacating many arbitration awards for employees these days, a pattern that reveals a “disturbing trend” according to one recent study. The University of Illinois College of Law’s Michael LeRoy took a look federal and state court review of employment arbitral awards. The National Law Journal reports that…

Apr 21, 2008 11:55 AM CDT

Some ADR Firms, Plaintiffs Lawyers Shun Nursing Home Arbitration

Nursing homes are increasingly requiring arbitration of disputes over the quality of their care, and many state courts are upholding the contracts. Some state courts have overturned the agreements because they were unconscionable or signed under duress, the Wall Street Journal reports (sub. req.). But other courts have enforced the…

Apr 11, 2008 4:11 PM CDT

Supreme Court Limits Judicial Review of Arbitration Awards

The U.S. Supreme Court has ruled that parties to an arbitration agreement may not agree to broader court review than allowed by federal law, SCOTUSblog reports. The case involved a lease dispute between toymaker Mattel Inc. and the owner of a polluted factory site. The two parties had provided in…

Mar 25, 2008 3:20 PM CDT

Arbitrator Can’t Be Sued for Lawyer’s Alleged Attack on Party, Court Says

A New Jersey appeals court has ruled an arbitrator cannot be liable for a lawyer’s alleged attack on a party during a recess in the proceeding. The appeals court ruled that the New Jersey Arbitration Act, adopted from a model law also used in 12 other states, gives arbitrators immunity…

Mar 4, 2008 3:01 PM CST

Fla. School Bd. Tells Warring Supt. & Bd. Attorney: Get Help

A school board for a major metropolitan area in Florida has reportedly told its two top employees to get professional help. With Superintendent Clayton Wilcox and attorney Jim Robinson, who serves as the district’s general counsel, in a virtual civil war, something clearly has to be done to get the…

Feb 27, 2008 10:09 PM CST