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Category Archives: Alternative Dispute Resolution

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Arbitration: Supreme Court Reaffirms It’s Mandatory For State Law Claims Under Federal Arbitration Act

Posted in Alternative Dispute Resolution, Arbitration, Oklahoma, States, Uncategorized

The US Supreme Court just issued another decision reaffirming that the Federal Arbitration Act compels state—as well as federal—courts to recognize and enforce contractual arbitration provisions, even when the focus of the litigants’ dispute is violation of state law. The decision: Nitro-Lift v. Eddie Lee.  

Vacating Arbitration Awards: Reasons In The Federal Arbitration Act Are The Only Way For Now – Part 1

Posted in Alternative Dispute Resolution, Arbitration, Attorneys Fees and Costs

5th Circuit re-affirms that the reasons for vacating an arbitration award in Section 10 of the Federal Arbitration Act are the only reasons for vacating arbitration awards. Leaves one to ponder what will be the future of “manifest disregard for the law” as a reason to vacate arbitration awards.

Minnesota Notice and Opportunity to Repair Law Amendments Vetoed

Posted in Alternative Dispute Resolution, Bills and Proposed Legislation, Countries (Other Than USA), Minnesota, Notice and Opportunity to Repair Laws, States

In a post last week I mentioned that the the Minnesota legislature passed bill HF420 amending amendments to Minnesota’s Notice and Opportunity to Repair Law and sent them for Governor Pawlenty to sign.  Kevin Duchschere of the Star Tribune reported in an article this afternoon that the governor vetoed HF420.  It’s now back to the… Continue Reading

Construction Defect Notice and Opportunity to Repair Statute Amendments – 1 Passed, 1 Bogged Down, 1 Dead

Posted in Alternative Dispute Resolution, Colorado, Minnesota, Nevada, Notice and Opportunity to Repair Laws, States

Since the building boom that started in the mid-1990’s, Minnesota, Nevada, and Colorado each enacted Notice and Opportunity to Repair statutes (“NOR Statutes”) intended to reduce the volume and expense of residential construction defect litigation.  This past legislative season, legislatures in each of these states considered bills to amend their NOR Statutes.  One passed, one… Continue Reading