By George H. Friedman* By now, football fans know that National Football League Commissioner Roger Goodell has ruled on “Deflategate,” upholding New England Patriots quarterback Tom Brady’s four-game suspension. So, what’s next? I offer below a short primer on what might happen next. Again, in the interest of full disclosure – another cornerstone of arbitration…
Originally posted by George Friedman in Court Decisions, Non-Securities Arbitration on July 21, 2015 By George H. Friedman* [This is a summary of the lead article in this month’s Securities Arbitration Commentator] Introduction As reported in the June 18th issue of the Securities Arbitration Alert, the Supreme Court of Alabama in a unanimous decision in…
By George H. Friedman* No, this is not another one of my screeds about how it’s not fair for the NFL’s Commissioner to act as arbitrator in the dispute between his own employer and the National Football League Players’ Association over Tom Brady’s suspension. I just can’t keep repeating the same points. But on a…
By George H. Friedman* By now, football fans know that the National Football League has fined the New England Patriots, ruled draft picks forfeited, and suspended quarterback Tom Brady for four games over “Deflategate.” Now, the question is “what’s next?” to which I add “and what does arbitration have to do with it?” Now, in…
By George H. Friedman* Talk about a bad draft day. In the midst of the NFL draft week hoopla came word that the Supreme Court of Missouri had disqualified the NFL’s Commissioner as the sole arbitrator in a case involving a non-player employee of the St. Louis Rams. Besides standing for the general proposition that…
By George H. Friedman* [This was originally published in the author’s blog at the Securities Arbitration Commentator] I recently authored a post in my blog at the Securities Arbitration Commentator, CFPB Issues Final Report on Arbitration, Telegraphing a Ban or Limits on Arbitration. Should SEC follow Suit? While the short answer was “no,” I did…
[This was originally published in the author’s blog at the Securities Arbitration Commentator] For those who thought the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), laid to rest any questions about whether the Federal Arbitration Act (“FAA”) preempts state laws barring class action waivers in a consumer predispute arbitration…
By George H. Friedman* Introduction The recent release of the Consumer Financial Protection Bureau’s Final Report to Congress on mandatory arbitration of consumer financial disputes has focused attention on the prevalent use of mandatory, predispute arbitration agreements (“PDAAs”) in consumer transactions. The Report, released March 10th was quite negative about arbitration, foreshadowing regulations to address…
By George H. Friedman [This was originally published in the author’s blog at the Securities Arbitration Commentator] Short answer: no. For those who want a little more detail, read on. I wrote recently on my blogs at both the Securities Arbitration Commentator and Arbitration Resolution Services about the Consumer Financial Protection Bureau’s (“CFPB”) study of…
[This was originally published in the author’s blog at the Securities Arbitration Commentator] The Securities Arbitration Commentator has reported many times on the Consumer Financial Protection Bureau‘s (“CFPB”) study of mandatory predispute arbitration agreements (“PDAAs”) in consumer financial products and services. To review, Dodd-Frank, Section 1414, bans outright PDAAs in residential mortgage contracts, and…