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Articles Posted in Arbitration

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Fifth District Enforces Mortgage Company Arbitration Agreement Except as to Class Actions

  Our Chicago alternative dispute resolution lawyers noted a recent Fifth District Court of Appeal ruling upholding an arbitration agreement but severing its class-action waiver. In Keefe v. Allied Home Mortgage Corporation, No. 5-07-0463 (Ill. 5th 2009) (PDF), Rosemary Keefe was the lead plaintiff in a proposed class action against…

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Second District Declines to Compel Arbitration Based Only on Oral Agreement

Our Illinois alternative dispute resolution lawyers were interested to see an appeals case clarifying that parties can only be compelled to binding arbitration if they have an explicit written contract. In Heider v. Knautz, No. 2-09-0808 (Ill. 2nd Dec.4, 2009), Arlie Heider sued Carl Knautz for injuries arising out of…

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Will The Supreme Court Alllow Big Business to Force Consumers and Employees to Give Up The Right to Pursue a Class-Action

Publich Justice reports on its website: The consumer and civil rights communities are closely watching AT&T Mobility v. Concepcion, a case that will be argued in the Supreme Court this November. Depending on how broadly the Court reads the question presented in Concepcion, the case could decide the fate of…

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Arbitration Clause in Written Contract Cannot Compel Arbitration in Oral Agreement, First District Finds

As Chicago alternative dispute resolution attorneys, we were pleased to read a decision from the First District Court of Appeal on compelling arbitration in an oral contract related to a written contract. In Marks v. RSM et al, No. 1-09-1988 (Ill. 1st. March 12, 2010), Carol Marks allegedly contracted with…

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State Supreme Court Finds Federal Law Preempts Illinois Nursing Home Care Act

As mediation and arbitration attorneys in Chicago, we were interested to see an Illinois Supreme Court decision from this year that clarifies state law’s relationship with the Federal Arbitration Act. Carter v. SCC Operating Company, No. 106511 (Ill. April 15, 2010) (PDF). The plaintiff, Sue Carter, is administering the estate…

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