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ARBITRATION

The Wire

Capital One settles litigation over card disputes

Capital One Financial Corp. will drop language from credit card contracts that requires customer disputes to be handled through binding arbitration rather than the courts, a spokeswoman for the bank said Thursday.

BofA would cut arbitration clause under settlement

Bank of America Corp. said Tuesday it has tentatively agreed to drop a clause from its credit card contracts that requires disputes with customers to be handled through binding arbitration rather than through the courts.

Chase drops arbitration from card contracts

JPMorgan Chase & Co. said Friday it is dropping a clause from its credit card contracts that required disputes with customers to be handled through binding arbitration, a move that could lead to consumers filing class-action and other lawsuits.

Bank of America drops arbitration requirement

Bank of America Corp. said that as of Thursday it will stop requiring that disputes with its credit card holders and banking and lending customers be settled by binding arbitration, opening the door for class-action and other lawsuits to push up the bank's legal costs.

Credit cardholders could have more say in court

When handling consumer disputes, credit card companies have a critical tool for keeping down legal costs: The option to avoid court and go to arbitration.

Minn. firm can't arbitrate credit card, other debt

Attorney General Lori Swanson said Sunday that her office reached a sweeping legal settlement that requires a Minnesota company to get out of the business of arbitrating credit card debts and other consumer collection disputes nationwide.

Court rules for employers in arbitration case

The Supreme Court has ruled for employers who want to force unionized workers to pursue their age discrimination claims through arbitration instead of a federal lawsuit.

Court rules for consumer in dispute with Discover

The Supreme Court has ruled that consumers can sometimes resist credit card companies' push to move their dispute over finance charges and late fees to arbitration.

Arbitration players average 172 percent rise

Nick Markakis and Ervin Santana received the steepest raises among the 111 players in salary arbitration, a group that overall earned a record increase of 172 percent, according a study by The Associated Press.

McLouth among 5 players setting in arbitration

Pittsburgh Pirates outfielder Nate McLouth agreed to a $15.75 million, three-year contract, one of five deals announced Tuesday among players remaining in salary arbitration.

Marlins' Dan Uggla wins $5.3M in arbitration

Second baseman Dan Uggla won his arbitration case against the Florida Marlins on Thursday and was awarded $5.35 million.

Navarro and Rays go to arbitration hearing

Catcher Dioner Navarro went to a salary arbitration hearing with the Tampa Bay Rays on Monday, arguing he should get $2.5 million this year rather than the team's $2.1 million offer.

Hill, Nationals go to salary arbitration

Washington pitcher Shawn Hill became the first player in the major leagues to go to a salary arbitration hearing this year, asking a panel Friday to award him $775,000 rather than the team's $500,000 offer.

Phillies slugger Howard seeks $18M in arbitration

Ryan Howard proposed a salary as prodigious as one of his home runs. The Philadelphia Phillies first baseman asked for $18 million in arbitration Tuesday, the third-highest figure submitted since the process began in 1974.

Patients signing away right to sue nursing homes

Patients hoping to get into nursing homes increasingly are signing away their rights to sue over poor care.

High Court Rules in Arbitration Case

The Supreme Court on Tuesday refused to expand the role of the judiciary in reviewing arbitration awards under federal law.

Howard Wins $10M in Arbitration

Everywhere Ryan Howard turned, people wanted to dig into his pockets.

Holliday Signs; Howard, Phillies Apart

While dozens of players agreed to contracts Friday, Ryan Howard and the Philadelphia Phillies remained $3 million apart in negotiations.

Teixeira, 27 Others Avoid Arbitration

Mark Teixeira, Huston Street and Brad Lidge were among 22 players who avoided arbitration by agreeing to contracts Thursday, one day before teams and players swap figures.

Soriano Sets Arbitration Record With $10M

Alfonso Soriano lost to the Washington Nationals in salary arbitration Friday and will receive $10 million rather than his request for $12 million.

The Vine
McCain and 29 Others Vote Against Franken Rape Bill. Really?
Source: United States Senate

The bill states that if you want to contract with the US Government, you can't make your employees sign to only arbitrate disputes.

30 Republicans Vote Against Amendment Protecting Female Contractors From Rape
Source: airamerica.com

Article has now been moved to this location.Minnesota Senator Al Franken--over the objection of fully 30 Republicans--authored and passed legislation Wednesday restricting military contractors from bidding "if they restrict their employees from taking workplace sexual assault, ba …

Franken gets testy over statistics. What is considered "prevailing" in arbitration?
Source: The Minneapolis Star Tribune

The senator spent the bulk of his time attempting to debunk the witness, particularly a statistic in his testimony that employees have a 63 percent chance of "prevailing" in arbitration compared to 43 percent in litigation.

No Arbitration for Rape in DoD contracts
Source:

Jamie Leigh Jones, a former employee of Halliburton/KBR was viciously assaulted, gang raped, and sexually harassed by her co-workers while working for Halliburton/KBR in Iraq.

Court rules that KBR employee's gang rape wasn't a personal injury arising in the workplace
Source: Think Progress

excerpt: "" In 2005, Jamie Lee Jones was gang-raped by her co-workers while she was working for Halliburton/KBR in Baghdad.

Bank of America ends arbitration of credit card disputes
Source: USA Today

The forced arbitration of credit card disputes has been abandoned by Bank of America after consumer pressure and publicity about the practice. The practice had become increasingly controversial until it came under fire from the public, regulators and Congress.

Bank of America ends arbitration of credit card disputes
Source: USA Today

Bank of America, the largest U.S. bank, said Thursday it is dropping a requirement that forces consumers with disputes on credit cards and other accounts into arbitration.

Most Consumer Debt-Collection Arbitrations Handled by Company with Deep Ties to Debt Collectors
Source: The Boston Globe

A report released yesterday claims the National Arbitration Forum, a Minnesota company that handled most consumer debt-collection arbitrations in the United States, misled consumers and hid ties to debt-collection firms. More Articles

Credit Card Disputes Tossed into Disarray
Source: Wall Street Journal

Two major arbitration firms are backing away from the business of resolving disputes between customers and their credit-card and cellphone companies, throwing into disarray a controversial system that prevents unhappy consumers from filing lawsuits.

Card Check Deal in the Works ?
Source: Human Events.com

It looks like there may be a compromise that would drop the provision to ban secret ballots on the "card checks" Bill. Amen! However, there remains a very ominous stipulation requiring "mandatory binding Federal" arbitration.

Gang-Rape Victim Says She And Others Silenced by Halliburton/KBR
Source: ABC News

A Houston, Texas woman, who says she was gang-raped by her co-workers at a Halliburton/KBR camp in Baghdad, says 38 women have come forward through her foundation to report their own tragic stories to her, but that many cannot speak publicly due to arbitration agreements in their …

CUPE denies leak, may amp up strike activitity
Source: The Windsor Star

How do you ramp up a strike that has already had violence and property damage? I guess we are about to find out, becauce Jim Wood seems to think this is acceptable!

Talks off; CUPE accuses city of unfair labour practices
Source: Windsor Star

ENOUGH! I wonder who walked away from the table this time?!?!?

City unveils strike contingency plan - Posted Toronto
Source: National Post

And now for the big show... could it be that this was what Windsor's Strike was all about all along?

Art Levine: Why Does Chamber of Commerce Favor Arbitration for Workplace Rape Victims, But Oppose It for Union Workers?
Source: The Huffington Post

A look at the hypocrisy of corporate interests on the issue of binding arbitration

Senate Democrats Might Be Receptive To Feinstein EFCA Compromise Proposal
Source: nationaljournal.com

Senate Democrats are seriously considering an Employee Free Choice Act compromise proposal from Sen. Dianne Feinstein, D-Calif., that would use mail-in elections to preserve the secret ballot.

Globe Proposes 23 Percent Pay Cut as "Last Best Offer" -- The Boston Globe
Source: The Boston Globe

Boston Globe management and the Boston Newspaper Guild resumed negotiations Tuesday evening so far apart that the company has proposed, with what it called its "last, best offer," to slash wages of Guild members by about 23 percent to gain the $10 million in additional concession …

Franchise Fraud: Wake Up and Smell the Fine Print
Source: MotherJones.com

What Shaw didn't mention, either in conversation or in the company's disclosure documents, was that Coffee Beanery's cafe concept was a bust; most of the shops closed within three years, leaving their owners deep in debt.

Dodgers sign Broxton, Martin for 2009
Source: MLB.com

Dodgers avoided arbitration with catcher Russell Martin and relief pitcher Jonathon Broxton by signing them to one-year contracts.

Arbitration Tilting More Against Investors: Jane Bryant Quinn
Source: Bloomberg.com

Jane Bryant Quinn comments at Bloomberg: Let's say you had $50,000 in auction- rate securities that your broker said were as safe as money- market funds. The market collapsed and you sold at an 80 percent haircut.

Credit Card Companies Arbitration Really Collection in Disguise
Source: Business Week

Credit Card companies use firm NAF, National Arbitration Forum, to provide a fair way of settling disputes between these companies and consumers. Guess who wins 99.98% of the time? An excellent, if somewhat lengthy, expose of these practices here.

Nursing Homes, In Bid to Cut Costs, Prod Patients to Sign Away Right to Sue
Source: Business & Human Rights

Nursing-home patients and their families are increasingly giving up their right to sue over disputes about care, including those involving deaths, as the homes write binding arbitration into their standard contracts.

KBR wants rape claim settled privately
Source: The Houston Chronicle

Lawyers for a former Conroe woman who says she was raped by co-workers while employed by a Halliburton Co. subsidiary in Iraq in 2005 told a federal judge in Houston Wednesday they believe her case should be settled by a public trial and not a private arbitration process.

Eat Burger, Waive Right to Sue
Source: MotherJones.com

Mandatory arbitration agreements forcing people to give up their rights to sue are now standard fare in everything from cell phone contracts to Hooters' employment agreements. But the owner of an East Texas Whataburger has apparently taken arbitration mania to a new level.

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