In Chalk v. T-Mobile USA, Inc., No. 06-35909 (9th Cir. Mar. 27, 2009), the issue before the Ninth Circuit is whether a class action waiver in an agreement between T-Mobile and its customers is unconscionable under Oregon law. Steward and Chalk (plaintiffs) bought from T-Mobile a PC card manufactured by Sony. The card enables computers [...]
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A recent bill related to ADR has been filed by the 81st Texas Legislature. H.B. 2139, authored by Rep. McClendon, would establish a victim-offender pretrial mediation program for first time offenders. Status: Left pending in committee on 03/19/2009. Technorati Tags: arbitration, ADR, law, Mediation, Victim-Offender Pretrial Mediation Program, H.B. 2139 addthis_url = ‘http%3A%2F%2Fwww.karlbayer.com%2Fblog%2F%3Fp%3D908′; addthis_title = [...]
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Need CLE credits? The Dispute Resolution Section of the ABA will be hosting its 11th Annual Spring Conference next month. The Conference brochure is here and online registration is here. Technorati Tags: arbitration, ADR, law, ABA, Dispute Resolution, Spring 2009 Conference addthis_url = ‘http%3A%2F%2Fwww.karlbayer.com%2Fblog%2F%3Fp%3D815′; addthis_title = ‘ABA+Spring+2009+Conference’; addthis_pub = ”;
The following bills related to Alternative Dispute Resolution have been introduced recently by the 111st. Congress. H.R. 1214. Filed by Rep. Gutierrez, (D-IL) this bill, titled “Payday Loan Reform Act of 2009,” would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill, among other things, prohibits a [...]
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This week, the Fifth Circuit decided Woodmen of the World Life Insurance Society/ Omaha Woodmen Life Insurance Society v. JRY, No. 08-30405 (5th Cir. Mar. 23, 2009). The defendant-appellees (“JRY” and “TSY”) are parents suing on behalf of the Estate of their minor son (“BMY”) and the plaintiff-appellant Woodmen of the World (the “Society”) is [...]
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So much has been said lately about the “evils” of arbitration, but so little attention has been given to studies regarding arbitration. In this article, from the Vol. 18, No. 1 of the Alternative Resolutions newsletter, John Allen Chalk, Sr. summarizes recent studies on the subject of arbitration, including studies on arbitration participants, attorney surveys, [...]
Following is a list of recent bills related to Alternative Dispute Resolution filed during the 81st Texas Legislature. H.B. 2256. Relating to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans; imposing an administrative penalty. The bills history is here. H.B. 2095. Filed by Rep. Farrar, relating to [...]
Last week we blogged about the U.S. Supreme Court ruling on Vaden V. Discover Bank, No. 07-773, (U.S. Mar. 9, 2009). Justice Ginsburg delivered the opinion of the Court, joined by Scalia, Kennedy, Souter, and Thomas. Chief Justice Roberts concurred in part and dissented in part and was joined by Stevens, Breyer, and Alito. Here [...]
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In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition [...]
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The AIG Bonus Contracts: Legally Unconscionable?
If you haven’t had enough of the AIG bonuses controversy, here is a post by Andis Kaulins from the LawPundit discussing the legal theory of unconscionability applied to the AIG employment contracts. We were surprised to learn that the standard AIG Employee Retention Plan (Bonus Contract) posted here by The New York Times contains no [...]
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