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23 Jun 3:00 am
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills
currently being considered during this session. Click on the bill number for its text and on the status link to find the bill's most recent legislative action. Stay tuned to Disputing
for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, ...
6 Aug 5:22 pm
... That's what we have set out to do in this four-part guest post. (Victoria's posts on Hall Street and manifest disregard of the law are
here, here, ... -Nielsen. In addition, the votes of Justices Scalia (who joined the plurality in Bazzle) and Justice Thomas (who effectively
did not participate in Bazzle because he believes the Federal Arbitration ... and industry ADR. He is owner and co-founder (with Disputing's Victoria VanBuren) of LinkedIn's Commercial and Industry Arbitration and Mediation Group, ...
14 Oct 9:20 am
source: www.aoc.gov The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute
resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill's most recent legislative action. Stay
tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in ...
10 Aug 3:00 am
... the hands of a single arbitrator. 539 U.S. at 458-59 (emphasis in original; citations omitted). Justice Thomas' Dissent Justice
Thomas dissented on the ground that he does not believe that the Federal Arbitration Act applies in state court. Accordingly, he ... on issues
pertinent to reinsurance, and commercial and industry ADR. He is owner and co-founder (with Disputing's Victoria VanBuren) of LinkedIn's
Commercial and Industry Arbitration and Mediation Group, which provides an open forum for the ...
31 Aug 6:14 pm
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills
currently being considered during this session. Click on the bill number for its text and on the status link to find the bill's most recent legislative action. Stay tuned to Disputing
for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, ...
16 Sep 4:00 am
As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled "Mandatory Binding Arbitration -
Is it Fair and Voluntary?" Witnesses included: Rep. Henry C. "Hank" Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. "Arbitration Fairness Act"). The Arbitration Fairness Act of 2009 would
ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. House version: H.R. 1020 and Status. ...
27 Oct 11:06 am
... here at Disputing. Check out my guest blog! E-Discovery and the Enron E-mail Dataset Research By Victoria VanBuren, October 21, 2009. The
U.S. Supreme Court granting of certiorari to former Enron CEO Jeffrey Skilling dominated the ... Our Research - Bayesian Text Classifier The spring of 2009, computer science students at
Texas State University David Villarreal, Thomas McMillen, Andrew Minnick, and I, under the supervision of computer forensic expert Wilbon Davis
utilized the Enron Corpus to train ...
24 Feb 6:59 pm
The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive
trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of
the U.S. Code with respect to arbitration. This is the "Arbitration Fairness Act of 2009." The bill states that the FAA was ...
11 Nov 8:59 am
Karl Bayer and I were discussing the latest bill tracking report for the Arbitration Fairness Act of 2009. This act would ban mandatory pre-dispute arbitration in employment, consumer,
and franchise contracts. (House version: H.R. 1020 and Status; Senate version: S. 931 and Status). The House version of the bill has been very active, now with 99 co-sponsors (the list
is here). Karl wonders if Senator Franken's amendment and related press had anything to do with the bill having this unusual ...
7 May 3:10 pm
Last week, the U.S. Senate introduced its own version of the "Arbitration Fairness Act of 2009″ (H.R. 1020, status). The new bill ( S. 931, status), also titled "Arbitration Fairness
Act of 2009," is similar, but not identical to H.R. 1020. The Senate bill is discussed in detail by Philip J. Loree Jr. in The Senate Weighs in With Its Own Arbitration Fairness Act.
Previous Coverage: Myths of Consumer Protection Law (May 4) Arbitration Fairness Act of 2009: Analysis (April 29) Loree Reinsurance ...
10 Jun 8:50 pm
/**/ Yesterday, NPR had an interesting article about the controversial issue of mandatory arbitration of claims between businesses and individuals (employees and consumers). First, the
article discusses the unfortunate story of a young woman who was allegedly raped by several men while working in Iraq for Halliburton. At issue in her case ( Jamie Leigh Jones v.
Halliburton ) is a motion to compel arbitration of her tort claims filed by Halliburton. The case remains under appeal in the Fifth ...
2 Jul 4:00 am
Via the Adjunct Law Prof Blog, we learned that a new coalition, the Business Leaders for a Fair Economy is speaking out in support of the Employee Free Choice Act of 2009. The coalition
released this ad, which claims that 1,000 business leaders agree the Employee Free Choice Act is key to restoring the country's economy. The Act ( Senate version: S. 560 and Status;
House version: H.R. 1409 and Status ) is currently in the U.S. Congress and as it relates to dispute resolution, it would amend the ...
4 Jul 7:57 pm
During this Fourth of July holiday weekend, our good friend Don Philbin stumbled across "Civil Jury Trials R.I.P.? Can it Actually Happen in America?" 40 St. Mary's L.J. 795 written by
the Honorable W. Royal Furgeson, Jr. In the article, Judge Furgeson discusses the Arbitration Fairness Act of 2007, which is analogous to the Arbitration Fairness Act of 2009
(previously blogged here) currently considered in the U.S. Congress. If enacted, the bill would amend the Federal Arbitration Act to ban ...
12 Jul 2:51 pm
In July 2004, an Erie County jury awarded plaintiffs, Thomas S. Kolbert and the Estate of Victoria
Poielski, $1,500,000 in damages in a lawsuit brought under the New York Public Health Law for nursing home negligence. The plaintiffs alleged that Ms. Poielski, an 80 year-old resident
suffering from dementia, fell while unattended in her bathroom and suffered a fractured right elbow. Apparently, the resident was left alone on the toilet ...
13 Oct 3:39 pm
On October 6, the U.S. Senate by a vote of 68-30 passed an amendment to H.R. 3326 (bill; status). H.R. 3326 is entitled "An Act making appropriations for the Department of Defense for
the fiscal year ending September 30, 2010, and for other purposes." The amendment bars funds to defense contractors who require workers to arbitrate "any claim under Title VII of the
Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, ...
4 Nov 7:33 pm
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home
contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his
elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a nursing home in Omaha, Nebraska. In 2005, upon ...
3 Oct, 2006 11:02 am
... (N.C.G.S. ss 75-1.1 et seq.), Fraud, and possibly Civil Conspiracy. Depending on the number of affiliated operators, there could even be a devastating Civil RICO claim, described by
one appeals court as "the litigation equivalant of a thermonuclear device". See Katzman v. Victoria's Secret Catalogue, 167 F.R.D. 649, 655
(S.D.N.Y. 1999). Violators could be subject to triple damages or punitive damages under either N.C.G.S. Ch. 75 or under the Civil RICO law. In recent years, companies such as ...
2 Dec, 2008 1:40 pm
What is elder mediation © Victoria Maxwell What is elder mediation: Elder mediation, like elder law, is defined by the client to be served.
Elder mediation is mediation of any conflict that involves elders, their family members or others in their lives. The first contact with the mediator does not necessarily have to come
from the elder involved. Elder mediation is relatively new Neither the legal profession nor the public at large has as yet fully recognized the value of elder mediation. A ...
4 Dec, 2008 12:57 pm
... M M M Good ZippoManufacturing, AudiMotors, Dofasco, and Dakota Mining will merge and become: ZipAudiDoDa FedEx is expected to join its competitor, UPS, and become: FedUP Fairchild
Electronics and Honeywell Computers will become: Fairwell Honeychild Grey Poupon and Docker Pants are expected to become: PouponPants Knotts Berry Farm and the National Organization of
Women will become: Knott NOW! And finally.... Victoria's Secret and Smith &Wesson will merge under the new name: TittyTittyBangBang
9 Mar 10:05 am
... to complete the multiple choice questionnaire. Needless to say, this study could be an excellent avenue to promote arbitration and mediation to aid the resolution of patent-related
disputes. The Alternative Patent Dispute Resolution Project ("APDRP") at Thomas Jefferson School of Law ("TJSL") in San Diego, California is
conducting an on-line survey of lawyers, judges, clerks and scholars such as you to gauge the industry's perception of some fairly recent proposals to improve the current ...
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