Karl Bayer's Disputing Blog

Latest from Karl Bayer's Disputing Blog

The National Academy of Distinguished Neutrals (“NADN”) recently conducted an online national survey of its members. The June 2021 survey focused largely on the paradigm shift to online dispute resolution (“ODR”) proceedings that neutrals across the United States have made since the COVID-19 pandemic began.  Of the 782 NADN members who responded, only 11 respondents reported limiting their practice to

Kristen Blankley, Professor of Law at the University of Nebraska College of Law, has written a terrific article titled, “Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act,” Akron Law Review, Forthcoming.  In her journal article, Professor Blankley analyzes more than one-hundred United States Supreme Court decisions addressing the Federal Arbitration Act

The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.
In Badgerow v. Walters, et al., No. 20-1143

We are excited to announce the newly redesigned Arbitrate.com now offers a variety of on-demand arbitration courses, including four classes taught by Disputing blog’s own Professor Tracy McCormack and Karl Bayer!  In Arbitration Advocacy, Tracy and Karl provide viewers with an in-depth introduction to the practice of arbitration.  The program is designed to give arbitration advocates insight into

The Supreme Court of the United States has declined to consider whether “final mile” delivery drivers are transportation workers engaged in interstate commerce and exempt from the Federal Arbitration Act (“FAA”).  In Amazon.com, Inc. vs. Rittmann, (No. 20-622) an Amazon delivery driver, Rittman, filed a putative class-action Fair Labor Standards Act lawsuit on behalf of thousands of Amazon

In a patent infringement claim case, a court or special master must define the scope of the claim construction. “The purpose of claim construction is to ‘determine the meaning and scope of the patent claims asserted to be infringed.’” O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 521 F.3d 1351, 1360 (Fed. Cir. 2008) (quoting Markman v.