On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.
President Joe Biden on Thursday gave victims of workplace sexual assault or harassment the right to seek recourse in a court of law instead of through forced arbitration proceedings.
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
Congress on Thursday gave final approval to legislation guaranteeing that people who experience sexual harassment at work can seek recourse in the courts, a milestone for the #MeToo movement that prompted a national reckoning on the way sexual misconduct claims are handled.
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
A Crawford County man waived his right to arbitration by failing to respond to an estate’s motion to compel arbitration, making a default judgment by the trial court appropriate, the Indiana Court of Appeals has ruled.
An Illinois law firm filed lawsuits Monday against Amtrak and BNSF Railway on behalf of seven passengers, including an Indiana couple, who were on an Amtrak train when it derailed in north-central Montana late last month, killing three and injuring dozens of others.
A Lawrence couple will not be compelled to arbitration over a sewage dispute with their homebuilder at this time, the Indiana Court of Appeals ruled in a Friday reversal, finding an order to do so by the Marion Superior Court was “premature.”
I have represented clients in numerous mediations for the past 25 years. In the last five years, while continuing to represent clients in mediations, I have had the opportunity to view the process from the other side as a private mediator. Based on this “dual role,” here are a few expectations that I believe the parties should have for each other in a mediation.
An awareness of the concept of implicit bias and some self-reflection can help us to account for implicit biases in our judgments and decision-making. This is particularly important for mediators.
An aircraft engine fire that sparked a foreign arbitration discovery battle between an American manufacturer and a British company over a 150-year-old law is headed to the United States Supreme Court for clarification.
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.
A New York-based copyright holder that sued the late Hoosier artist Robert Indiana a day before his death has reached a settlement with his estate and the foundation set up to transform the artist’s home into museum.
Indiana Supreme Court justices reversed a determination that a guardian was required to arbitrate claims against a screening company arising from an employee’s sexual assault on a resident of a Carmel assisted living facility.
Fewer than one in 100 civil matters are decided by juries and less than 4% of criminal cases are, a new study from the American Bar Foundation reports, even as lawyers and judges agree that jury trials tend to be fairer than many alternatives.
An arbitration panel has denied J.P. Morgan Securities LLC’s request to collect more than $1.5 million in damages and fees from three former Carmel employees who left the firm to join Raymond James & Associates in 2018.
Peter Prostyakov, a native of Moscow who’s now a U.S. Citizen living in Carmel, details what he concedes is his convoluted journey into the federal judicial system, where he believes courts act unfairly toward him and other self-represented litigants.
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.