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Arbitration and Mediation

“District Court Enforces Arbitration Cause in Employment Contract,” A Case Note on Kyles v. TRG Customer Solutions, Inc., by Mitchell L. Marinello

Thursday, December 18th, 2014

“Federal Circuit Holds That Magistrate Judge Violated Duty to Disclose” by Mitchell L. Marinello in the Sidebar of the Federal Bar Association

Monday, December 1st, 2014

“Arbitration Clause Held Unenforceable Under New Jersey’s Arbitration Act” by Christopher S. Moore

Tuesday, October 7th, 2014

“Seventh Circuit Re-Affirms Courts’ Limited Review of Arbitration Awards,” by Christopher S. Moore, a Case Note on United Steel Workers International Union v. PPG Industries, Inc.

Tuesday, August 26th, 2014

“Third Circuit Distinguishes Arbitrator Error from Misconduct,” by John Haarlow, Jr., a Case Note on Bellantuono v. ICAP Securities USA, LLC

Monday, August 18th, 2014

“Battle of Forms and Arbitral Jurisdiction,” by Mitchell L. Marinello, a Case Note on Nebraska Machinery Co. vs. Cargotec Solutions, LLC

Tuesday, August 12th, 2014

“Thinking Bigger Picture: When to Sacrifice the Benefits of Arbitration in Favor of Litigation” by Joshua E. Liebman

Friday, August 1st, 2014

“Under AAA Rules, Arbitrator Decides Jurisdiction” by Mitchell L. Marinello, a Case Note on the 8th Circuit Holding in Eckert/Wordell Architects, Inc. v. FJM Props. of Willmar, LLC

Wednesday, July 30th, 2014

“Arbitration Agreement Incorporated by Reference and Not Waived by Sub’s Acts” by Steve Ciszewski, a Case Note on Al Rushaid v. Nat’l Oilwell Varco, Inc., July 22, 2014

Tuesday, July 22nd, 2014

“Federal Circuit: Magistrate Judge Violated Duty to Disclose” by Mitchell L. Marinello, CEATS, Inc. v. Continental Airlines, et al., a case that provides a valuable discussion of a mediator’s duty to disclose

Tuesday, July 15th, 2014

“No Meeting of the Minds Regarding Agreement to Arbitrate” by Courtney D. Tedrowe, Doe v. Vineyard Columbus , a case that concerned the sufficiency of the evidence of the intent to arbitrate

Wednesday, July 9th, 2014

“FINRA Holds Class-Action Waiver Is Invalid for Investor Disputes,” by Mitchell Marinello, a Case Note on a Decision of the Board of Governors of the Financial Industry Regulatory Authority (FINRA) as to Charles Schwab & Co.

Sunday, June 22nd, 2014

“An Order to Compel Arbitration Is Not Appealable” by Brian E. Cohen, Johnson v. Consumerinfo.com, Inc., a case that addressed the issue of whether an immediate appeal may be taken from interlocutory orders compelling arbitration.

Tuesday, May 6th, 2014

“Supreme Court Denies Cert Re Delaware Arbitration Program” by Amanda M. Hinkley, Strine v. Delaware Coalition For Open Government, a case that concerned the experimental arbitration program that Delaware created in its state courts

Friday, April 18th, 2014

“Equitable Estoppel Denied and Arbitration Avoided for Antitrust Claims” by Mitchell L. Marinello, In re Wholesale Grocery Products Antitrust Litigation, Case No. 11-3768 (8th Cir. Feb 13, 2013)

Friday, April 18th, 2014

Arbitration vs. mediation: How alternative dispute resolution can take the place of litigation by Brian E. Cohen

Wednesday, January 1st, 2014

“When Whacky Is Good Enough: Johnson Controls, Inc. v. Edman Controls, Inc., 712 F.3d 1021 (2013),” Case Note by Amanda M. Hinkley

Wednesday, November 20th, 2013

“First and Foremost: Who Decides Questions of Arbitrability?: VRG Linhas Aereas, S.A. v. Matlin Patterson Global Opportunities Partners, LLP, Case Note by Amanda M. Hinkley

Tuesday, July 9th, 2013

“Arbitration provisions: How to draft an effective arbitration clause” by Courtney Tedrowe

Monday, July 1st, 2013

 Link

“Are Courts Able to Enforce the Mediation Confidentiality Rule?: Hand v. Walnut Valley Sailing Club, 475 F. App’x 277 (10th Cir. 2012),” Case Note by Amanda M. Hinkley

Monday, April 8th, 2013

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“Should Your Firm’s Engagement Letter Contain an Arbitration Clause?” by Mitchell L. Marinello

Monday, October 18th, 2010

Protecting The Cost Advantages Of Arbitration by Mitchell L. Marinello

Wednesday, January 21st, 2009
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