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OUR NEUTRALS

Honorable Richard T. Payne (Ret.)
Hancock County Superior Court
Indiana, JD 1969; Indiana, AB 1966
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—Madelyne Blackwelder, Toledo, Ohio

Madelyne Blackwelder had a dispute with a business over its services. She speaks very highly of the arbitration process, especially its impartiality: “An impartial judge can see the facts, make a decision, having not a thing to gain...

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TODAY IN ADR / May 10, 2008

 

Finding a former employee "highly-educated" and "with various employment opportunities," the Third Circuit Court of Appeals reversed a district court's finding of procedural unconscionability in an employment-related arbitration agreement.

In Zimmer v. CooperNeff Advisors, Inc., No. 05-1119, 2008 WL 1700526 (3d Cir. Apr. 14, 2008), Zimmer entered into an employment contract with investment company CooperNeff. The contract included a broadly worded arbitration agreement requiring Zimmer to submit any employment-related dispute not resolved internally to an independent arbitrator. The contract also included provisions reserving CooperNeff's right to resolve certain disputes in court, including intellectual property disputes...

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