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US Supreme Court signals continuing preference for arbitration
The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act.
US Supreme Court: Credit Repair Act claims can be arbitrated
Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates that the parties’ arbitration agreement be enforced, the U.S. Supreme Court has ruled.
Civil Procedure — arbitration
11-2343 & 11-2757 Blue Cross Blue Shield of Massachusetts, Inc., v. BCS Ins. Co.
Civil Procedure – arbitration — waiver
11-2120 Kawasaki Heavy Industries, Ltd., v. Bombardier Recreational Products, Inc.
2010AP1799 City of Menasha v. WERC
Labor MERC; arbitration Sections 111.70(4)(c)2.b. and (4)(mc)1., read together, permit the negotiation of alternative dispute resolution procedures, but require arbitration as an alternative if sec. 62.13(5) is a designated procedure. “The City additionally cites to a Legislative Fiscal Bureau Summary of Budget Provisions of the Committee of Conference dated October 2007. This summary addresses [...]
BLAWG LOG: O’Hear on incarceration rates; Hannibal on arbitration
Given the many demographic and cultural similarities between these Midwestern neighbors, I’ve long been intrigued by how dramatically different the incarceration rates are in Wisconsin and Minnesota.
09-893 AT&T Mobility LLC v. Concepcion
Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices [...]
09-3682 Trustmark Ins. Co. v. John Hancock Life Ins. Co.
Civil Procedure Arbitration An arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. “The district judge also erred in concluding that the arbitrators are powerless to construe the confidentiality agreement. True, that agreement lacks its own arbitration clause, but [&h[...]
2010AP535 Milwaukee District Council 48 v. Milwaukee County
Labor Arbitration An arbitration decision that a county violated the union’s collective bargaining agreement by reducing work hours is not void. “Insofar as whether the Award violates ‘a strong public policy,’ see Racine County, 2008 WI 70, ¶11, 310 Wis. 2d at 519, 751 N.W.2d at 317, the Award does not run afoul of that […]
09-4051 Lumbermens Mutual Casualty Co. v. Broadspire Management Services, Inc.
Civil Procedure Arbitration Questions over the sufficiency of notice is a question for the arbitrator rather than the district court. “Broadspire cites our decision in R.J. Corman Derailment Services, LLC v. International Union of Operating Engineers, 422 F.3d 522, 528 (7th Cir. 2005), in support of its argument to the contrary, but that case is […]
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- Former Wisconsin police officer charged with 5 bestiality felony counts
- Judge reject’s Trump’s bid for a new trial in $83.3 million E. Jean Carroll defamation case
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- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
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- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
