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Judge Orders Mediation for Macy's, Martha Stewart

After third week in a trial over whether Macy’s has the exclusive rights to sell certain Martha Stewart-branded merchandise, Macy’s Inc. and J.C. Penney Co. and Martha Stewart Living Omnimedia Inc. have been ordered to mediation by New York State Supreme Court Judge. Mediation will hopefully resolve the contractual dispute concerning the partnership over the Martha Stewart brand.

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Court Dismisses Lance Armstrong Lawsuit Against USADA

The U.S. District Court for the Western District of Texas, Austin Division, held that Lance Armstrong agreed to arbitrate at least some of his claims. The court found that Armstrong agreed to abide by USA Cycling’s rules and those rules incorporate the USADA Protocol, which requires athletes to contest doping sanctions through arbitration. In addition, the court, citing R-7 of the Supplementary Procedures, concluded that “Armstrong clearly and unmistakably agreed to arbitrate the question of arbitrability.”

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Small Businesses Need ADR Clauses, Too

An Australian federal government survey shows that small businesses there are likely to turn to lawyers before cheaper alternatives, and are then dropping serious disputes because of the higher cost. The trend is not dissimilar from that of the United States. In this article, president of the Institute of Arbitrators and Mediators Rowena McNally discusses how small businesses can adjust their business operations and conflicts to allow for more efficient and cost-effective handling of disputes.

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Disclose Disclose, Disclose

Disclose Disclose, Disclose

A condo seller who discloses a defect in the property may nevertheless be required to also disclose previous lawsuits regarding that defect. That was the decision recently rendered on February 17, 2009 in the California appellate court case of Calemine v. Samuelson (2009 WL 368648).

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