Reversing Judge Scheindlin, the 2d Circuit Ct of Appeals says that repeated failure to disclose serving as a "neutral" on a related case does not warrant vacatur of the arbitral award.
Lawsuits and arbitrations often sort out disputes in their legal sense. They rarely sort out disputes in a satisfactory personal or financial sense. Anyone familiar with the litigation and arbitration process can tell you about how unsatisfactory the result was in most instances. They cost a fortune.
In a 5-4 decision of AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011), the U.S. Supreme Court held that arbitration agreements in standard form contracts that waive the right to pursue a class action are enforceable, and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., preempts a California court ruling to the contrary.
Congress is still considering the arbitration fairness act, which could include a provision banning mandatory arbitration in franchises. This hasn't gained a lot of traction in the franchisee world because the thinking behind it is fundamentally misguided.
Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award for Medicine Shoppe International in Franchise Dispute Affirmed by Eighth Circuit Court
It's been a pretty busy week for arbitration issues at the Supreme Court. Yesterday, the Court heard oral argument in Rent-a-Center v. Jackson, a potentially very important arbitration case that I've discussed before.
