The September 2010 issue of Alternatives to the High Cost of Litigation, the excellent newsletter of the International Institute for Conflict Prevention and Resolution (”CPR”), featured an article I wrote on the United States Supreme Court’s decision in Rent-A-Center, West Inc. v. Jackson, No. 09-497 (June 21, 2010). The article is entitled “Rent-A-Center‘s Roadmap Extends Beyond Contracts. . . To Congress and the Supreme Court’s New Term,” 28 Alternatives 154 (September 2010).
The article discusses Rent-A-Center in detail, explores its implications and argues, among other things, that:
There are divergent opinions on Rent-A-Center‘s significance. Some apparently believe that it heralds the end of alternative dispute resolution as we know it, and others, including Supreme Court guru, Carter G. Phillips — a partner in the Washington, D.C., office of Sidley Austin who was a member of the employer’s Supreme Court legal team — suggest that the opinon is so narrow that it will have little or no meaningful influence on future cases.
Both views have some merit, but neither is 100% on the mark.
28 Alternatives at 168 (citation omitted).
The article is the first of a two-part series. The second part will discuss and critically analyze the Supreme Court’s decision in Granite Rock Co. v. International Brotherhood of Teamsters, No. 08–1214 (June 24, 2010), and will be published in the October 2010 edition of Alternatives.
Alternatives also recently published two other articles I wrote earlier this year, both of which were featured as cover stories: “Stolt-Nielsen Delivers a New FAA Rule — And then Federalizes the Law of Contracts,” 28 Alternatives 121 (June 2010), and “It’s Time for Doctrines: The Supreme Court Wrestles with ‘Severablility’ and the ‘Clear and Unmistakable Standard,” 28 Alternatives 73 (March 2010). (See Loree Reinsurance and Arbitration Law Forum posts here and here.)
Alternatives is a subscription-only publication. Subscription information is available at this page, as well as at the publisher’s, John Wiley & Sons’s, website here.
I would like once again to take this opportunity to thank CPR, and Russ Bleemer, Editor of Alternatives, for their kind assistance and support in featuring my article. CPR is one of the most prestigious ADR organizations in the United States, and, as I have said before, Russ is a very intelligent, dedicated and professional editor with whom it is a pleasure to work.
Tags: Alternatives to the High Cost of Litigation, CPR, Granite Rock Co. v. International Brotherhood of Teamsters, International Institute for Conflict Prevention and Resolution, Philip J. Loree Jr., Rent-a-Center West v. Jackson, Russ Bleemer, Stolt Nielsen S.A. v. Animalfeeds Int'l Corp., United States Supreme Court
