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Edible Arrangements Franchisees Devise Delectable Litigation Strategy
In a procedurally fascinating case brought in the U.S. District Court for the District of Connecticut, an Association of 170 independent franchisees brought a declaratory judgment action against Edible...
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Supremes Grant Cert. to Amex in Retailers’ Antitrust Claim
This week, the Supreme Court of the United States agreed to hear an American Express appeal of a ruling that allows retailers to pursue a class action claim against the credit card giant by alleging...
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After Remand, Georgia Court May Interpret and Enforce Ambiguous Arbitration...
Guest contributor: John Allgood of Ford & Harrison, LLP In a recent case the Georgia Court of Appeals interprets the authority of a superior court, in this case the Fulton County Superior Court, to...
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Update: Delaware Arbitration Gets Constitutional Smackdown, Challenges...
Back in early October, we reported on an unprecedented case in which the Delaware Chancery Court had, pursuant to an amendment to §349 of the Delaware state code, allowed sitting judges to conduct...
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Eighth Circuit Confirms Arbitration of FLSA Claims and Discounts NLRB...
Guest contributor: John Allgood of Ford & Harrison, LLP The operator of a health care facility for elderly residents hired an administrator for its operation in Missouri. The parties executed a...
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Judge Throws Travolta’s Arbitration Case Overboard
By now we’ve all heard of John Travolta’s latest scandal involving a Royal Caribbean cruise line attendant, a neck massage, and some unwelcome frontal exposure. If you haven’t, you really ought to...
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California Arbitrators Required to Disclose the World . . . And then Some?
In case any of us were still caught in the dopey residual throes of the holiday season-induced food coma, a California case is here to remind us that, when it comes to arbitration, neutrality is...
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TRAVOLTA UPDATE
Well folks, it looks as though Travolta’s perils on the high seas have come to an end. Just one day after we reported on Travolta’s failed motion to compel arbitration with the cruise attendant who...
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A Valentine Scorned
Mae West once said, “All discarded lovers should be given a second chance, but with somebody else.” (emphasis added). Not even a year off of its Supreme Court Smackdown in Marmet Health Care Ctr., Inc....
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Vacated Award is Final Decision for Purposes of Challenge to Authority to...
Guest Contributor: John Allgood The parties in this action entered into agreement for the sale of two UPS Store franchises. SCSJ Enterprises and Shandton Williams [“SCSJ”] purchased the franchises...
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At Bat: A-Rod Adrenalized for Arbitration Absolution
Forget a daunting start to the week; for Alex Rodriguez, baseball’s most recently-embattled superstar, this particular Monday is a daunting start to the rest of his life. The New York Yankees shortstop...
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FMCS, government mediation agency, outed for abusing funds amidst budgetary...
During the partial federal government shutdown, the Federal Mediation and Conciliation Service (“FMCS”), like many federal agencies, made news for being a victim of the Congressional deadlock. For the...
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Brenau University Mock Mediation Tournament
Brenau University, in Gainesville, GA, held its 11th annual Brenau University Mock Mediation Tournament earlier this month. Ten teams from six colleges and universities from North Carolina and Georgia...
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The Convoluted Path to the End of Class-Action Arbitration
In 2010, the Supreme Court held in Stolt-Nielsen that “imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act.” It...
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In Georgia, Arbitration Wins Over Statutory-Based Challenges to Contract
We recently wrote a post, based on John Allgood’s piece, lamenting the Georgia Court of Appeals’ anti-arbitration holding in Miller v. GGNSC Atlanta, LLC, 746 S.E.2d 680 (Ga. Ct. App. 2013). But this...
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PSA: Emory Law seeking members of ATL/GA Bar to judge negotiation competition
Emory University School of Law is hosting the ABA Law Student Division Regional Negotiation Competition on November 2-3, 2013 at Emory. To make this event successful, Emory is asking members of the...
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Juvenile Justice Reform Law Incorporates Mediation into Georgia Code
Over a year ago, we wrote a post lauding Richland County, South Carolina’s “Youth Arbitration Program,” a dark horse for the advancement of both American juvenile justice and the field of ADR. Happily,...
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Georgia Supreme Court Discusses ADR in Context of Separation of Powers
It’s probably safe to say that the Supreme Court of Georgia hears its fair share of constitutional challenges each year. But as 2013 nears its end and we wrap up our digest of the year’s ADR case law,...
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Clayton State Mediation Team Conquers October
Clayton State Mediation Team went on an October run that would make Reggie Jackson jealous. The Lakers began their run with an impressive showing at the Brenau University Eleventh...
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Employment Arbitration Agreement is Enforceable after Employee Termination if...
Guest contributor: John Allgood Two recent Court of Appeals cases deal with challenges to enforcement of agreements to arbitrate issues arising from previous employment contracts. In the first, the...
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