What do A-Rod, the NLRB, and General Mills have in Common? The title of this post is not a riddle. On Jeopardy! it would be the correct response to “They evidently read George Friedman’s blog at Arbitration Resolution Services.” Three times in recent months, I have blogged about the above cast of characters, and urged…
Enough is Enough: Time to Eliminate the “Hidden Arbitration Clause Trick” “A day of reckoning is coming on predispute arbitration agreements in consumer arbitration. A dichotomy is developing between arms-length pre-dispute arbitration agreements and those imposed in an adhesion contract with consumers (and perhaps employees). This will be addressed in the next several years by…
A George Bailey “Hat Trick” – Et Tu, 9th Circuit? Several months ago in this blog I described a “hat trick,” which is a hockey term for when a player scores three (or more) goals in one game. For those who have somehow eluded ever seeing the holiday classic “It’s a wonderful Life,” the other…
Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…
I’m mad as hell and I’m not going to take it anymore,” said Howard Beale in the Movie Network. As a staunch supporter and advocate for arbitration, I cannot not allow wrongful bashing by members of Congress, the Consumer Financial Protection Bureau, the media and others to continue without stating categorically how wrong they are…