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Arbitration and Mediation

“American Rule Governs Attacks on Arbitration Awards,” a Note on Zurich American Ins. v. Team Tankers AS by Mitchell L. Marinello

Tuesday, March 15th, 2016

“Third Circuit Holds that Ambiguities Preclude Arbitration,” a Note on Maddy v. General Elec. Co. by Eileen Boyle

Wednesday, December 16th, 2015

“Two Lawsuits, Two Years and an Appeal Are Not Enough to Waive Arbitration,” a Note on Stratton v. Portfolio Recovery Assocs. by Mitchell L. Marinello

Tuesday, November 17th, 2015

“Northern District of Illinois Holds Party Waived Right to Compel Arbitration,” a Note on Smith v. Adams & Associates by Eileen Boyle

Wednesday, October 28th, 2015

“‘Outlined’ Mediation Settlement Agreement Enforced,” a Note on PNC Bank, N.A. v. Springboro Medical Arts by Christopher S. Moore

Tuesday, October 27th, 2015

“Fifth Circuit Rules in OMG, L.P. v. Heritage Auctions,” a Note by Andrew P. Shelby

Tuesday, September 29th, 2015

“AAA Employment Rules Give Arbitrator Right to Decide Gateway Issues,” a Note by Mitchell L. Marinello

Tuesday, September 29th, 2015

District Court’s Mid-Arbitration Intervention Clear Error, a Note By Andrew D. Campbell on In re Sussex

Friday, September 25th, 2015

Clickwrap Arbitration Agreement Upheld, a Note by Andrew D. Campbell on Whitt v. Prosper Funding LLC

Thursday, August 27th, 2015

“Tennessee High Court Clarifies Tennessee Law to Avoid Preemption,” a Note by Andrew P. Shelby on Berent v. CMH Homes, Inc.

Tuesday, July 28th, 2015

“Alabama Supreme Court Requires Policyholders to Arbitrate,” a Note by Mitchell L. Marinello on American Bankers Ins. Co. v. Tellis

Monday, July 20th, 2015

“Delaware Enacts Streamlined Arbitration Process,” a Note by Alexander L. Berg on The Delaware Rapid Arbitration Act

Thursday, June 18th, 2015

“Exhaustion of Administrative Remedies Does Not Apply in Arbitration of Employment Claims,” a Case Note on Virk v. Maple-Gate Anesthesiologists, P.C. by John Haarlow, Jr.

Tuesday, May 26th, 2015

“Sixth Circuit Determines Defendant Did Not Waive Its Right to Arbitrate,” a Case Note on Shy v. Navistar International Corp. by Elizabeth C. Wolicki

Thursday, May 21st, 2015

“Arbitration Clause in Employee Handbook Is Enforced,” a Case Note on McAllister v. Smith Barney/Citigroup by Mitchell L. Marinello

Wednesday, May 6th, 2015

“Post-Judgment Relief Procedures Cannot Be Used to Alter Arbitration Awards,” a Case Note on City of Chicago v. Chicago Loop Parking LLC by Christopher S. Moore

Wednesday, April 15th, 2015

“District Court Rejects Pre-Award “Stacked Deck” Challenge to Arbitrator Selection Process,” a Case Note on Avic International USA, Inc. v. Tang Energy Group, Ltd., by Christopher S. Moore

Friday, February 27th, 2015

“District Court Holds that Arbitrator May Decide Class Action,” a Case Note on Harrison v. Legal Helpers Debt Resolution, LLC by Matthew J. Singer

Tuesday, February 24th, 2015

“Arbitration Panel Issues $10 Million Sanction Against Lance Armstrong,” a Case Note on Armstrong, et al. v. SCA Promotions, Inc., et al., by Timothy J. Miller

Saturday, February 21st, 2015

“In Second Circuit an Arbitrator Decides Claim Preclusion in the First Instance,” a Case Note on Citigroup, Inc. v. Abu Dhabi Inv. Auth., by John Haarlow, Jr.

Thursday, February 19th, 2015

“Equitable Estoppel Entitles Non-Signatories to Compel Arbitration,” a Case Note on Crawford Professional Drugs, Inc. v. CVS Caremark Corp., by Matthew J. Singer

Monday, January 12th, 2015

“Non-Signatory Employee Entitled to Compel Arbitration,” A Case Note on Grand Wireless, Inc. v. Verizon Wireless, Inc. by Matthew J. Singer

Wednesday, December 31st, 2014

“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,” 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., 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


“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




“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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