Wednesday, March 30, 2011

NFL Lockout - Mediation in the spotlight

Though the NFL and the NFLPA agreed to an ultimately failed initial mediation, at least the primary problem of this negotiation, the lack of trust between the two sides, was exposed. George Cohen, a highly experienced federal mediator with a background in sports, apparently found no flexibility in the preliminary search for common ground.

Now, Judge Nelson, a recent Obama appointee, in charge the National Football League players’ lawsuit against the NFL, may use her reported skill in resolving disputes to urge players and owners to settle their emotionally charged conflict over billions in annual revenue. Judge Nelson's decision, whether or not to enjoin the lockout, is going to affect enormously the leverage on either side. She spent ten years as a Magistrate Judge reportedly strongly encouraging parties to settle their disputes over the complaints of eager trial lawyers...

Thursday, March 3, 2011

U.S. Supreme Court will hear Arbitration matter next term

A scam targeting law firms is heading to the high court to determine when businesses waive their right to arbitration in consumer litigation. In the past, the U.S. Supreme Court has taken a liking to arbitration and arbitration cases, often siding with businesses that make binding arbitration part of their contracts in the interest of judicial efficiency. Plaintiff lawyers argue arbitration clauses are unfair to consumers and are just a way for banks to short-circuit class action lawsuits. The case claims Citibank’s actions run contrary to the high court’s prevailing philosophy on arbitration. Oral Argument will be set during court session beginning next fall.

-- Daily Business Review, Miami