[Ed. note: Obama nominated Sotomayor on May 26; see Hispanic National Bar Association Press Release] Ever since U.S. Supreme Court Justice David Souter revealed his plan to retire, speculation of possible President Barack Obama‘s picks to replace him has flooded the blogosphere. SCOTUSblog has been profiling the “shortlist” candidates with an analysis of their opinions that intersect the Supreme Court’s decisions. Here is an excerpt of today’s SCOTUSblog post on Judge Sonia Sotomayor‘s civil opinions. This one involves arbitration. Rolon v. Henneman, 517 F.3d 140 (2d Cir. 2008): As part of a settlement alleging that the acting police chief (among others) had violated an officer’s constitutional due process rights, the parties agreed to submit pending disciplinary charges to arbitration. Both the acting chief, Henneman, and another officer, Moskowitz, testified at the arbitration hearing. The arbitrator ruled largely in Rolon’s favor, concluding that neither Henneman nor Moscowitz had testified truthfully or credibly. Rolon then filed suit against the two, claiming that they had caused him anguish, abused their positions, and violated his right to due process. The district court agreed with Henneman that he was entitled to absolute immunity, and the Second Circuit – in an opinion by Judge Sotomayor – affirmed. In the panel’s view, the Supreme Court’s decision in Briscoe v. LaHue, 460 U.S. 325 (1983), providing absolute immunity to police officers who testify at judicial proceedings, applies equally to an arbitration proceeding such as this one, in which Henneman “performed substantially the same function as witnesses in judicial proceedings with nearly identical procedural safeguards.” Moreover, the panel agreed, Rolon had failed to state a claim against Moscowitz. The full post is here: Judge Sotomayor’s Civil Opinions – Part IV. Related Stories: Who Will Replace Souter? Today’s News: Obama Interviews Judge Diane Wood, ABA Journal, May 20, 2009 What’s in Souter’s Future? Civics, for Starters, Wall Street Journal, May 20, 2009. ATL Poll: Who Should Replace SCOTUS Justice David Souter?, Above the Law, May 1, 2009. Technorati Tags: ADR, law, arbitration, Sonia Sotomayor, Barack Obama, U.S. Supreme Court
Continue reading...We are happy to announce that Disputing has teamed up with the Loree Reinsurance and Arbitration Law Forum to create the Commercial and Industry Arbitration and Mediation Group. The Commercial and Industry Arbitration and Mediation Group is a forum for the open discussion of issues and sharing of information concerning commercial and industry arbitration, mediation and other forms of alternative dispute resolution. We invite you to register here.
Continue reading...If you’d like to know how disputes are successfully resolved by mediation, Peter A. Scarpato had an interesting guest-post at the Loree Reinsurance and Arbitration Law Forum yesterday about how mediation works. The piece provides an invaluable insight into the mediation process by walking the reader through an actual mediation case. Good stuff. Check out the post here: Guest Post – Mediating Reinsurance Disputes: A Case Study. Technorati tags: ADR, mediation
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.