After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
One alternative dispute resolution option to consider during the pandemic is expedited arbitration. Both the American Arbitration Association (AAA) and the International Institute for Conflict Prevention & Resolution (CPR) offer an “expedited” or “fast track” option for dispute resolution that truly accelerates the proceedings.
Indiana Supreme Court justices will consider argument in an ordinance dispute between a southern Indiana property owner and the city of Bloomington over a former Indiana University fraternity house when it resumes virtual oral arguments this month.
The Indiana Court of Appeals has reversed the denial of an estate’s motion to compel arbitration against a nursing facility after concluding that the Indiana Medical Malpractice Act does not apply in the case.
Recent data suggests owners, architects, contractors and others involved in the construction process are gravitating toward alternative dispute resolution. Mediation, in particular, is emerging as a preferred – and in many cases, required – option.
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
The Indiana Court of Appeals on Thursday affirmed a more than $3 million award to stockholders of a technology company in a purchase agreement dispute.
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.
In the field of alternative dispute resolution, diversity appears to be making fewer gains than in the legal profession as a whole. A 2018 article in the ABA Journal reported that, generally, studies show women comprising around 20% of the national ADR field. Similarly, American Bar Association Resolution 105 calls dispute resolution “arguably the least diverse corner of the profession.”
The long-serving general counsel of OneAmerica Financial has left the Indianapolis company and has transitioned to an of counsel role at a Chicago law firm. Thomas M. Zurek retired from OneAmerica on April 1 and is now serving as of counsel in the Chicago office of Schiff Hardin LLP.
An ideologically divided U.S. Supreme Court gave businesses more power to channel disputes into individual arbitration proceedings, siding with a lighting retailer trying to prevent its employees from pressing group claims stemming from a phishing attack.
A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.
A wage and hour lawsuit that would have followed precedent became a case of first impression in the 7th Circuit Court of Appeals with a ruling that held that while employers can prohibit class action arbitration, the district court, not the arbitrator, answers the questions about what can be arbitrated.
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.
After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.
A former Indiana Cracker Barrel manager who sued the restaurant chain for disability discrimination and retaliation must arbitrate her claims against the restaurant after a federal judge compelled the employee to comply with an arbitration agreement she claims she never signed.
Through SmartArb, professor Emmert hopes to provide a cheaper, more efficient method of dispute resolution for international businesses through arbitration rather than litigation. SmartArb responds to a need identified by the developing World Trade Center-Indianapolis.
The U.S. Supreme Court ruled employers can prohibit workers from banding together to dispute their pay and conditions in the workplace, an important victory for business interests. The justices ruled 5-4 Monday, with the court’s conservative members in the majority, that businesses can force employees to individually use arbitration, not the courts, to resolve disputes.