Mass Arbitration Logistics: New JAMS, AAA Rules, Fees; Process Arbitrators; Batching; Streamlining Tactics
Strategies, Tips, and Tools When Resolving a Vast Number of Cases on the Merits
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, August 22, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer practical guidance to counsel concerning the logistics of actually proceeding through a mass arbitration, not just how to mitigate the possibility, although mitigations affect strategy and options. The panel will discuss the mass arbitration rules for JAMS and the American Arbitration Association (AAA), who decides procedural issues, how evidence is obtained and presented, batching and its limits, preclusion, selecting arbitrators, and more.
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.
Mr. Ranlett defends businesses in complex class and representative actions in state and federal courts across the country, as well as in high stakes and mass arbitrations. His clients are national and multinational corporations in a variety of industries, including financial services, telecommunications, insurance, and Internet and technology sectors. He has successfully resolved a wide variety of claims, including allegations of false or deceptive advertising, data-breach and other privacy claims, and alleged violations of the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, federal securities laws, the Alien Tort Claims Act, and various consumer-protection and unfair-trade and deceptive-practices acts. Mr. Ranlett He also advises businesses in drafting and enforcing arbitration agreements and in establishing fair and effective dispute-resolution programs with consumers and workers. And he assists businesses with compliance with the Telephone Consumer Protection Act and other consumer-protection laws. Mr. Ranlett is a co-editor of Class Defense, the firm’s blog on key issues affecting class action law and policy. He also has served as a Professorial Lecturer in Law at The George Washington University Law School, where he teaches advanced appellate advocacy.
Mr. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500 companies in civil and commercial litigation. He focuses on advising national mortgage servicing companies, national banks, national auto finance companies, and small businesses in cases involving federal and state regulatory matters, consumer complaints filed with the Consumer Financial Protection Bureau (CFPB), and single-plaintiff lawsuits. Jim regularly defends lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Ohio Consumer Sales Practices Act, Real Estate Settlement Procedures Act (RESPA), and Truth in Lending Act (TILA) in both state and federal courts. In addition to single-plaintiff cases, Jim also has experience defending financial institutions, particularly auto finance companies, in class actions brought in state and federal court.
Although class action waivers and arbitration clauses are still considered the best defenses against class actions, they have led to a rise in mass arbitrations, which have utterly disrupted the existing dispute resolution framework. So much so that both JAMS and AAA now have rules and updated fee schedules for mass arbitrations.
Although these rules have mandatory mediation requirements to encourage early resolution, mediation can fail. When mediation fails, counsel need to know how to get all the cases through the arbitration process in a timely manner given that each case must be decided individually.
Arbitrators and parties alike may want to consider agreeing to certain streamlining processes, such as having some witnesses testify only once, examining key documents only once, or deciding certain legal issues at the beginning. Many of the procedural practices used in class actions and MDL litigation may prove useful in mass arbitration.
Listen as our renowned and experienced panel of class action lawyers discusses the logistics of actually prosecuting and resolving mass arbitrations.
- Mass arbitration rules overview
- Recurring procedural issues
- Selecting arbitrators
- Presenting the cases
- Preclusive effects
The panel will review these and other key issues:
- What is a global mediator?
- What is a process arbitrator and what disputes fall within his purview?
- Can arbitrators decide common questions of law and bind all claimants?
- Who selects the arbitrators and how many of them are needed for 50, 500, or 50,000 cases, perhaps in many different jurisdictions?
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