Category Archives: Arbitration

Pottow Paper (with others) Compares Canadian and US Arbitrabilty Rules

John A. E. Pottow of Michigan, and two recent graduates, Jacob Brege and Tara J Hawley, have written A Presumptively Better Approach to Arbitrability, 53 Canadian Business Law Journal (2013).  Here's the abstract: One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator’s […]

Another day, another decision wiping away consumer claims on alter of forced arbitration

by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler  On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi district litigation involving checking overdraft claims.  The plaintiffs had several arguments that the particular arbitration clause at […]

Rutledge & Drahozal Paper on the Prevalence of Arbitration Clauses After Concepcion and Amex

Peter B. Rutledge of Georgia and Christopher R. Drahozal of Kansas have written 'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex. Here's the abstract: We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the […]

Soliciting Comments on an Arbitration Study

by Jeff Sovern I figure if it's good enough for the CFPB, it's good enough for us:  I'm part of a team, along with other professors and the Hugh L Carey Center for Dispute Resolution here at the Law School, that is crafting a survey on consumer understanding of arbitration clauses.  Unlike the CFPB survey, […]

Talking Arbitration, the Supreme Court, and Civil Rights

I'm presenting at a few CLE programs over the next few days and I thought readers of the blog might be interested. The first can be accessed via phone; the other two will be at the American Association of Justice's Annual Convention in San Francisco: A one-hour phone briefing on American Express v. Italian Colors: Practical Implications […]

American Banker: Truth in Lending Litigation Slows But Bankers Remain Wary

by Jeff Sovern Here (behind paywall).  Excerpt:   Court decisions tied to the 1968 law fell 18% year over year during a12-month period that ended May 31, to 1,037, data from the National ConsumerLaw Center shows. That number is down 38% from the peak two years earlier. The pace of new litigation is also slowing. […]

Voice of San Diego Series on Mandatory Arbitration, and a Response to Professor Lobel

by Deepak Gupta The Voice of San Diego has been publishing a muli-part series on mandatory arbitration by reporter Will Carless. The most recent installment explores the war on consumer class actions and the impact of AT&T Mobility v. Concepcion. Previous installments focus on arbitration secrecy, the National Arbitration Forum debacle, and the plight of an individual […]