Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.  That is, I thought that there was no vehicle to waive class actions outright....

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Arbitration|Courts

Boiling Down Consumer Arbitration

Arbitration|Courts

Boiling Down Consumer Arbitration

By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.  Just about each time, just about each speaker has been either smarter or better informed than I...

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Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

A recent decision of the Supreme Court of Nevada addresses the question whether a party's ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.  In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was,...

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Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately...

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Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers.  In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to: (1) bar class action waivers in...

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Arbitration|Conflict Resolution|Courts|Employment|Europe

Consumer Arbitration in Context

Arbitration|Conflict Resolution|Courts|Employment|Europe

Consumer Arbitration in Context

The publication by the New York Times of a series of highly-critical front-page articles on arbitration of consumer and employment disputes has stirred the pot among practitioners, academics, and others with a stake in Alternative Dispute Resolution.  The reportage was flawed, as some in our community were quick to point...

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