Search for: "Matulis Mediation | Arbitration"
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18 Oct 2015, 6:33 am
NAGE, LocalRI-200 reversed a lower court and held that an award of the State Board of Mediation and Arbitration was contrary to public policy and should be vacated. [read post]
29 Feb 2024, 8:01 am
So, when should you file for mediation or arbitration against your franchisor? [read post]
4 Dec 2013, 5:10 am
Readers of my blog will know that I am not a fan of employment arbitration agreements. [read post]
4 Dec 2013, 5:30 am
Readers of my blog will know that I am not a fan of employment arbitration agreements. [read post]
4 Jun 2018, 4:00 am
" However, the fact that there is a provision in a contract that the arbitrator may not alter or modify does not limit the arbitrator's power to resolve the dispute by interpreting the contract based on his or her findings as to the intent of the parties. [read post]
13 Feb 2016, 7:06 am
The Federal Arbitration Act was enacted in 1925 in order to allow businesses to settle disputes between themselves in arbitration, rather than in the courts. [read post]
19 Mar 2021, 8:35 am
Elizabeth Warren has once again taken up the charge to end pre-dispute arbitration agreements, which she calls "forced arbitration. [read post]
9 Apr 2024, 9:01 pm
”[19] While no prior cases applied this principle in the claims allowance context, Judge Goldblatt found, the “closest case” is Mintze.[20] The Mintze court addressed the question in the context of determining whether an adversary proceeding should be subject to arbitration, holding that, even though “the outcome of Mintze’s recission claim would affect her bankruptcy plan and distribution of monies,”[21] that was an insufficient basis to decline to… [read post]
20 Nov 2015, 4:00 pm
The nursing home picks the arbitrator, “who then has a financial incentive to side with the home to obtain repeat business”, but the victim is powerless to appeal the arbitrator’s decision, whose legal training is little to none. [read post]
26 Nov 2012, 8:36 am
§1 et seq., including the Act’s national policy favoring arbitration. [read post]
6 Aug 2007, 9:06 pm
Hank Johnson introduced in the Senate and House respectively, The Arbitration Fairness Act of 2007 which would bar mandatory arbitration. [read post]
4 Apr 2019, 6:49 am
Christopher Leslie has published Conspiracy to Arbitrate, 96 N.C. [read post]
7 Jul 2008, 8:52 am
Where an arbitration agreement required that the arbitration filing fee be advanced by the party seeking relief, the Fourth District held it was reversible error to require the defendant to pay the fee as a condition of granting the defendant's motion to compel arbitration. [read post]
20 Mar 2013, 8:01 am
” The automatic process to select arbitrators will be triggered in cases where the members and clients of stock exchanges fail to find an arbitrator. [read post]
2 May 2007, 2:38 am
Can an arbitration award be vacated, or modified, merely because the arbitrator awarded relief that would not ordinarily be awarded by a court of law? [read post]
30 Jan 2011, 9:00 pm
Samuel Estreicher and Steven Bennett, Preclusive Effects Of Arbitration, NYLJ Sept. 15, 2010 Download Arbitration resjudicatais an interesting article which outlines New York law with respect to res judicata and collateral estoppel in connection with arbitration. [read post]
19 Jul 2007, 12:57 am
Arbitration fans should be interested in this decision. [read post]
21 Mar 2012, 7:00 am
The Times recently published an Op Ed article by Professor Amalia Kessler calling for a reform of current arbitration practices, to which several experienced lawyers and arbitrators have taken exception. [read post]
8 Aug 2008, 11:41 pm
Antoine, Mandatory Arbitration: Why It's Better Than... [read post]
20 Nov 2007, 5:30 am
I spent Thursday-Sunday at the American Bar Association / National Arbitration Forum Arbitration Competition regional tournament at Cumberland Law School in Birmingham, Alabama. [read post]