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Tyson Foods and the Future of Statistical Adjudication
November 2, 2016
Robert G. Bone (University of Texas School of Law) has posted Tyson Foods and the Future of Statistical Adjudication (North Carolina Law Review, Vol. 95, 2017) on SSRN. Here is the abstract: Statistical adjudication, the practice of using sampling and other statistical techniques to adjudicate large case aggregations, is highly controversial today. In all its forms, statistical adjudication decides cases on the basis of statistical extrapolation rather than case-specific facts. For example, a court...
November 2, 2016
Robert G. Bone (University of Texas School of Law) has posted Tyson Foods and the Future of Statistical Adjudication (North Carolina Law Review, Vol. 95, 2017) on SSRN. Here is the abstract: Statistical adjudication, the practice of using sampling and other statistical techniques to adjudicate large case aggregations, is highly controversial today. In all its forms, statistical adjudication decides cases on the basis of statistical extrapolation rather than case-specific facts. For example, a court...
Equitable Estoppel Ropes Non-Signatories into Texas Arbitration
November 2, 2016
Claimant, John T. Hays, M.D. ("Hays"), is a cardiologist in Texas with over thirty years in medical practice. He began suffering from epilepsy and taking medication in 1998. Dr. Hays's seizures were well-controlled but "exacerbated by stress." In 2006, Hays's practice was purchased by Austin Heart, P.L.L.C. ("Austin Heart"), and Hays informed Austin Heart's managing director of his condition and requested a less demanding schedule. In 2009, Austin Heart and Capital Area Cardiology ("CAC") entered...
November 2, 2016
Claimant, John T. Hays, M.D. ("Hays"), is a cardiologist in Texas with over thirty years in medical practice. He began suffering from epilepsy and taking medication in 1998. Dr. Hays's seizures were well-controlled but "exacerbated by stress." In 2006, Hays's practice was purchased by Austin Heart, P.L.L.C. ("Austin Heart"), and Hays informed Austin Heart's managing director of his condition and requested a less demanding schedule. In 2009, Austin Heart and Capital Area Cardiology ("CAC") entered...
Book on Mediation for Estate Planners
November 2, 2016
Susan N. Gary recently published a book entitled, Mediation for Estate Planners: Managing Family Conflict (2016). Provided...
November 2, 2016
Susan N. Gary recently published a book entitled, Mediation for Estate Planners: Managing Family Conflict (2016). Provided...
Your Stipulated Protective Order May Not Provide As Much Protection As You Expect
November 1, 2016
In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used tools in complex litigation. These orders allow parties to designate material produced in discovery as confidential. But certain courts, most recently the Court of Appeals for the Sixth Circuit, have found that protective orders cannot be used as the sole basis to file that material...
November 1, 2016
In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used tools in complex litigation. These orders allow parties to designate material produced in discovery as confidential. But certain courts, most recently the Court of Appeals for the Sixth Circuit, have found that protective orders cannot be used as the sole basis to file that material...
Speak Up or Shut Up?
November 1, 2016
Whether it’s during a mediation, staff meeting or family gathering with that cousin you don’t like very much, when you’re involved in a conversation or discussion and are thinking about adding your two cents worth, you’ll notice those little green and red lights in your head. They tell you when to talk and not to talk. The Muse has some suggestions on how to fine tune these speaking traffic lights. There are always people jumping into conversations at the wrong time, perhaps you’re one of them....
November 1, 2016
Whether it’s during a mediation, staff meeting or family gathering with that cousin you don’t like very much, when you’re involved in a conversation or discussion and are thinking about adding your two cents worth, you’ll notice those little green and red lights in your head. They tell you when to talk and not to talk. The Muse has some suggestions on how to fine tune these speaking traffic lights. There are always people jumping into conversations at the wrong time, perhaps you’re one of them....
Challenging Mental Capacity in Marriage
November 1, 2016
A common scenario in estate litigation involves a common law widow seeking a share of an estate. Circumstantially, Texas recognizes common law marriage, and it is effectively the same as a formal marriage. In Estate of Matthews III, a court of appeals ruled that a decedent did not have sufficient mental capacity to marry when he married his caregiver only ten weeks before passing away. When evidence proving mental capacity is conflicting, oftentimes, the court will find that the decedent lacked the mental...
November 1, 2016
A common scenario in estate litigation involves a common law widow seeking a share of an estate. Circumstantially, Texas recognizes common law marriage, and it is effectively the same as a formal marriage. In Estate of Matthews III, a court of appeals ruled that a decedent did not have sufficient mental capacity to marry when he married his caregiver only ten weeks before passing away. When evidence proving mental capacity is conflicting, oftentimes, the court will find that the decedent lacked the mental...
Texas Supreme Court Sets Legal Malpractice Case Against Andrews Kurth For Review
October 31, 2016
Can Houston-based Andrews Kurth be sued for allegedly failing to convey a $450,000 pre-trial settlement offer to its former clients in a fraud case in which those clients were eventually hit with a $3 million jury verdict? That's just one of the questions the Texas Supreme Court is set to answer in a legal malpractice case it recently accepted for review. The case, Rogers v. Zanetti, involves an appeal of Dallas Fifth Court of Appeals decision, which dismissed a legal malpractice case filed...
October 31, 2016
Can Houston-based Andrews Kurth be sued for allegedly failing to convey a $450,000 pre-trial settlement offer to its former clients in a fraud case in which those clients were eventually hit with a $3 million jury verdict? That's just one of the questions the Texas Supreme Court is set to answer in a legal malpractice case it recently accepted for review. The case, Rogers v. Zanetti, involves an appeal of Dallas Fifth Court of Appeals decision, which dismissed a legal malpractice case filed...
Louisiana Rejects Arbitration Clause In Contract Of Adhesion
October 31, 2016
The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016 6123859 (La. Oct. 19, 2016). [My alternate title for this post is “I TOLD YOU SO, SKY ZONE.” Every time I bring my children to the trampoline park for a birthday party,...
October 31, 2016
The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016 6123859 (La. Oct. 19, 2016). [My alternate title for this post is “I TOLD YOU SO, SKY ZONE.” Every time I bring my children to the trampoline park for a birthday party,...
Do Not Violate Injunctions
October 31, 2016
The preliminary injunction said: “Plaintiffs may contact former and current . . . employees . . . of the Debtor if and only if a written request is made by Plaintiffs’ counsel to counsel for SkyPort, and counsel for SkyPort either a) agrees to the proposed contact or b) does not respond within 1 business day,” and: “Plaintiffs are temporarily enjoined from: pursuing any and all claims or causes of action, derivative or direct, against all of the Defendants.” Nevertheless, the trial court...
October 31, 2016
The preliminary injunction said: “Plaintiffs may contact former and current . . . employees . . . of the Debtor if and only if a written request is made by Plaintiffs’ counsel to counsel for SkyPort, and counsel for SkyPort either a) agrees to the proposed contact or b) does not respond within 1 business day,” and: “Plaintiffs are temporarily enjoined from: pursuing any and all claims or causes of action, derivative or direct, against all of the Defendants.” Nevertheless, the trial court...
Littler Mendelson Gambles on Data Mining as Competition Changes
October 30, 2016
At Littler, Eigen has a broad mandate to apply data tools to clients’ problems and develop products to address them. He said...
October 30, 2016
At Littler, Eigen has a broad mandate to apply data tools to clients’ problems and develop products to address them. He said...
