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Products Liability Committee CLE
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One-hour lunchtime CLE


When: Wednesday, May 24, 2017
12:00 - 1:00 pm
Where: Dewitt Mackall Crounse & Moore, Suite 1400, AT&T Building
901 Marquette Ave S
Minneapolis, Minnesota  55402
United States

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The Trial Lawyer’s Guide to Mandatory Arbitration Clauses


CLE Credits applied for.

Program Overview:

The File lands on your desk with a Summons and Complaint you are asked to defend. The Complaint sets forth a commercial dispute involving property damage and business interruption caused by allegedly defective computer equipment your client sold to the plaintiff under warranty. Your client draws your attention to an arbitration clause, requiring the parties to mediate / arbitrate any problems arising under the transaction. You have some familiarity with mandatory contractual dispute resolution procedures for warranty claims. You are also familiar with motions to stay pending Arbitration and the Federal Arbitration Act, which could strongly favor arbitration. You have a strong personal bias for the jury system, but your client, a high-profile international manufacturer of computer equipment, has stronger business reasons for desiring arbitration of this dispute. We will discuss your plan of attack under case law and statutes applicable to commercial transactions, anticipated responses from the Plaintiff attempting to survive an arbitrability motion, and the process for defending your client after the case lands in Arbitration.


Janet G. Stellpflug and John F. Thomas, DeWitt Mackall Crounse & Moore SC

Past MDLA Product Liability Committee Chair, Janet Stellpflug, and Committee Member, John F. Thomas will Co-present. Janet is a veteran trial lawyer who also handles large, complex arbitrations before the American Arbitration Association. John is a commercial litigation attorney who also handles arbitrations. In addition to addressing the legal issues raised in the above hypothetical, she they will also discuss the practical issues for trial lawyers in an arbitration setting.


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