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This Just In – SCOTUS Rules in Favor of the Defense
On April 27, 2011, the United States Supreme Court released its opinion in AT&T Mobility LLC v. Concepcion, 563 U.S. ___ (2011), holding that the Federal Arbitration Act preempts California’s...
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Enforcement and Rejection of Class Action Waivers in Arbitration Provisions...
Following the Court’s recent opinion in AT&T Mobility LLC v. Concepion, 131 S. Ct. 1740 (2011), some commentators proclaimed the end of consumer class action whenever an arbitration clause existed....
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Plaintiffs’ Efforts To Use Discovery To Circumvent Concepcion And Class...
Recently, a federal magistrate allowed a putative class action plaintiff to serve discovery regarding a defendant’s consumer arbitrations as part of an effort to invalidate a class waiver in an...
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Tape or Type: Video Recorders versus Court Reporters
These days, many depositions are videotaped. If a deposition is being videotaped, is there still a need for a court reporter? Is a stenographic (“hard copy”) transcript necessary? This issue is...
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Supreme Court Update - Compucredit v Greenwood Opinion
In CompuCredit Corp. v. Greenwood, 10-948, the Court held that pre-dispute agreements to arbitrate claims under the Credit Repair Organizations Act (CROA) are valid and enforceable. Although the CROA...
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Important Limits On Class Action Arbitration Waivers
Two decisions within the past few days emphasize the limits on class action arbitration waivers, despite recent United States Supreme Court opinions that breathed new life into such provisions. With...
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UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation
On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that...
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Mediation – Past is Prologue
I. THE HISTORY OF MEDIATIONContemporary mediation defined by Black’s Law Dictionary as “a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties...
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California Budget Cuts Create Obstacles to the Quick Resolution of Lawsuits...
The California budget cuts have led to the elimination of court-sponsored mediation programs in many counties in California. For example, effective March 11, 2013, the Los Angeles County Superior...
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Diversity (or the lack thereof) in ADR
I recently read an excellent article called “Why Bringing Diversity to ADR is a Necessity” by David H. Burt and Laura A. Kaster, which appeared in the October 2013 issue of the Association of Corporate...
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