ADR and Mediation

Renard v. Ameriprise Financial Services. Inc.

Federal 7th Circuit Court
Renard v. Ameriprise Financial Services. Inc.
Civil Court
Arbitration
Citation
Case Number: 
No. 14-1730
Decision Date: 
January 30, 2015
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in confirming arbitration panel’s award in favor of defendant in its claim that plaintiff owed it money based on loans used by plaintiff to build his franchise that he purchased from defendant. Although plaintiff claimed that he did not have to repay said loans and that panel had acted in manifest disregard to terms of franchise agreement and Wisconsin’s Fair Dealership Law, plaintiff could not challenge instant award based only on claim that arbitration panel had committed legal error when finding for defendant. Ct. also rejected plaintiff’s claim that defendant procured instant arbitration award though fraud by defendant’s counsel making inaccurate statements during closing arguments of arbitration proceeding, where said statements were supported by record.

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.

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Hennessy Industries, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA

Federal 7th Circuit Court
Hennessy Industries, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA
Civil Court
Arbitration
Citation
Case Number: 
No. 14-1277
Decision Date: 
October 28, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in denying defendant’s motion to order arbitration of plaintiff’s lawsuit alleging that it was entitled to attorney fees under section 155 of Insurance Code, where defendant had allegedly delayed providing coverage to plaintiff for underlying asbestos claims pursuant to parties’ agreement. Parties’ agreement contained clause that required arbitration for any “dispute” that called for interpretation of said agreement, and instant claim for fees was such dispute.

Fuqua v. SVOX AG

Fuqua v. SVOX AG
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2014 IL App (4th) 131429
Decision Date: 
Monday, June 9, 2014
District: 
4th Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and remanded.
Justice: 
CUNNINGHAM
Arbitration clause is valid and enforceable, and is supported by offer of employment and acceptance of offer, consideration of employment and promise to resolve employment disputes through arbitration. Clause was not procedurally unconscionable as it was easy to find within employment agreement, and was clear and easy to understand. Clause is not substantively unconscionable, as employee had ample opportunity to object to carve-out provisions and request changes to its terms, and he successfully negotiated clause. Thus, no grounds to revoke valid and enforceable arbitration clause. If written notice of removal to federal court is not given to the adverse party then removal is not perfected. (CONNORS and DELORT, concurring.)

Advocate Financial Group v. Poulos

Advocate Financial Group v. Poulos
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2014 IL App (2d) 130670
Decision Date: 
Monday, March 31, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Arbitration award for Plaintiff for charges and attorney fees it incurred under agreement with Defendants to attempt to negotiate alternative financing to avoid foreclosure. Defendants did not participate in arbitration, but had been notified in writing that Plaintiff intended to proceed to arbitration under agreement. Thus, Defendants have forfeited their objections to arbitration and judgment on award. (McLAREN and HUDSON, concurring.)

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.
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House Billl 4428

Topic: 
Attorney statute of repose
(Sandack, R-Lombard) amends the Code of Civil Procedure statute of repose for attorneys by tolling the six-year statute of repose if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. The period of limitations will not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Introduced and referred to House Rules Committee.
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Public Act 98-506

Topic: 
Driving and cell phones
(D'Amico, D-Chicago; Mulroe, D-Chicago) prohibits using a hand-held cell phone or personal digital assistant while driving. Exempts the use of a hands-free or voice-operated mode, which may include the use of a headset. It also exempts using an electronic communication device that is activated by pressing a single button to initiate or terminate a voice communication. Second or subsequent convictions are moving violations. The fine is a maximum of $75 for the first offense, $100 for the second offense, $125 for the third offense, and $150 for the fourth or subsequent offense. Effective Jan. 1, 2014.
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Green v. U.S. Cash Advance Illinois, LLC

Federal 7th Circuit Court
Green v. U.S. Cash Advance Illinois, LLC
Civil Court
Arbitration
Citation
Case Number: 
No. 13-1262
Decision Date: 
July 30, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
Dist. Ct. erred in denying defendant’s request to stay instant lawsuit alleging violations of Truth in Lending Act and to direct parties to participate in arbitration pursuant to arbitration clause contained in parties’ loan agreement, where defendant asked for appointment of substitute arbitrator under 9 USC section 5, and where Dist. Ct. found that arbitration clause was void because identity of original arbitrator mentioned in arbitration clause formed integral part of arbitration clause. Dist. Ct. should have appointed substitute arbitrator where: (1) arbitration clause merely required that arbitrator abide by Code of Procedure of Nat’l Arbitration Forum, rather than required that Forum itself conduct arbitration; and (2) record showed that Forum had ceased conducting arbitrations at time of instant request. Ct. further found that identity of arbitrator was not so important so as to void entire arbitration clause and also noted that under Code, parties could seek remedy under 9 USC section 5 if they were denied opportunity to arbitrate dispute before Forum. (Dissent filed.)

Unsettled Settlements: Understanding Mediation Agreements

By Jonah Orlofsky
August
2013
Article
, Page 418
Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.