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Browsewrap Unenforceable and Motion to Compel Arbitration Denied
April 28, 2016
A recent California appellate court case, Long v. Provide Commerce, Inc., found that a browsewrap agreement containing an arbitration...
April 28, 2016
A recent California appellate court case, Long v. Provide Commerce, Inc., found that a browsewrap agreement containing an arbitration...
Handled Properly An Objection May Help Seal the Deal
April 27, 2016
As talented and as wonderful an attorney you may be, chances are pretty slim that every one of your settlement proposals was immediately accepted. There was at least one objection and possibly many of them to most of your proposals. Since you can’t make everyone happy all the time, what’s the best way to respond to an objection? When you get an objection to your proposal take it as a good sign. The person is interested, engaged and may be motivated to find a way around the problem in order...
April 27, 2016
As talented and as wonderful an attorney you may be, chances are pretty slim that every one of your settlement proposals was immediately accepted. There was at least one objection and possibly many of them to most of your proposals. Since you can’t make everyone happy all the time, what’s the best way to respond to an objection? When you get an objection to your proposal take it as a good sign. The person is interested, engaged and may be motivated to find a way around the problem in order...
An Empirical Study of Pain and Suffering
April 27, 2016
Yun-chien Chang, Ted Eisenberg, Tsung Hsien Li, and Martin Wells have posted to SSRN Pain and Suffering Damages in Personal Injury Cases: An Empirical Study. The abstract provides: Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have...
April 27, 2016
Yun-chien Chang, Ted Eisenberg, Tsung Hsien Li, and Martin Wells have posted to SSRN Pain and Suffering Damages in Personal Injury Cases: An Empirical Study. The abstract provides: Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have...
Mediation 4.0: Using Technology and Neuroscience to Improve Outcomes
April 27, 2016
Watch in the comfort of your own home or office! If you cannot watch the entire webcast at its scheduled time, register now and watch...
April 27, 2016
Watch in the comfort of your own home or office! If you cannot watch the entire webcast at its scheduled time, register now and watch...
Uber Deal Signals Open Season on Gig Economy
April 26, 2016
The war may be over for Uber Technologies Inc. But by cutting a check for tens of millions of dollars to settle a slew of threatening labor class actions, it may have just bought the gig economy a whole new set of legal battles. Lawyers say the $84 million settlement that Uber reached—which can rise to as much as $100 million if the company goes public or is acquired and increases in value—is like a flashing neon invitation for the plaintiffs bar to keep waging the fight. * * * "It does...
April 26, 2016
The war may be over for Uber Technologies Inc. But by cutting a check for tens of millions of dollars to settle a slew of threatening labor class actions, it may have just bought the gig economy a whole new set of legal battles. Lawyers say the $84 million settlement that Uber reached—which can rise to as much as $100 million if the company goes public or is acquired and increases in value—is like a flashing neon invitation for the plaintiffs bar to keep waging the fight. * * * "It does...
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
April 26, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitrationunder the terms of a broadly worded arbitration agreement should be decided by an arbitrator. In Robinson, et al. v. J & K Administrative Management Services, Inc., et al., No. 15-10360 (5th Cir., March 17, 2016), a Texas-based management company, J & K, entered into an agreement to arbitrate with each of the company’s workers as a condition of employment. Under the agreement, J &...
April 26, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitrationunder the terms of a broadly worded arbitration agreement should be decided by an arbitrator. In Robinson, et al. v. J & K Administrative Management Services, Inc., et al., No. 15-10360 (5th Cir., March 17, 2016), a Texas-based management company, J & K, entered into an agreement to arbitrate with each of the company’s workers as a condition of employment. Under the agreement, J &...
The Am Law 100: Signs of a Slowdown
April 26, 2016
The country's 100 largest law firms by revenue recorded a sixth consecutive year of aggregate growth across all key metrics...
April 26, 2016
The country's 100 largest law firms by revenue recorded a sixth consecutive year of aggregate growth across all key metrics...
Top Verdicts 2015
April 25, 2016
Take a gander at 2015’s top 100 verdicts list and you’ll see something missing—billions. For the first time in eight years, there were no verdicts worth $1 billion or more in a year’s span. The total amount awarded in 2015 was less than $7.5 billion, down 82 percent from 2014. Motor Vehicle Case Scores Top Verdict in 2015 Among top verdicts in 2015, those involving motor vehicle accidents nearly doubled in number compared with 2014. In the Big Verdicts Arena, Don't Mess with Texas Everything...
April 25, 2016
Take a gander at 2015’s top 100 verdicts list and you’ll see something missing—billions. For the first time in eight years, there were no verdicts worth $1 billion or more in a year’s span. The total amount awarded in 2015 was less than $7.5 billion, down 82 percent from 2014. Motor Vehicle Case Scores Top Verdict in 2015 Among top verdicts in 2015, those involving motor vehicle accidents nearly doubled in number compared with 2014. In the Big Verdicts Arena, Don't Mess with Texas Everything...
In the Big Verdicts Arena, Don’t Mess with Texas
April 25, 2016
The Lone Star State had 18 of the top 100 verdicts in 2015, beating out California and Florida. Everything really was bigger in Texas last year. The Lone Star State had 18 of the top 100 verdicts in 2015, more than any other state, according to The National Law Journal affiliate VerdictSearch's Top 100 Verdicts report. Historically, the Lone Star State ranks as a popular spot for the nation's largest verdicts. In 2014, Texas nabbed the No. 3 spot with 17 verdicts, behind California's 19 and Florida's...
April 25, 2016
The Lone Star State had 18 of the top 100 verdicts in 2015, beating out California and Florida. Everything really was bigger in Texas last year. The Lone Star State had 18 of the top 100 verdicts in 2015, more than any other state, according to The National Law Journal affiliate VerdictSearch's Top 100 Verdicts report. Historically, the Lone Star State ranks as a popular spot for the nation's largest verdicts. In 2014, Texas nabbed the No. 3 spot with 17 verdicts, behind California's 19 and Florida's...
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
April 25, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the “savings clause” failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers. In Nelson v. Watch House Int’l, L.L.C., No. 15-10531 (5th Cir., Mar. 2, 2016), a man, Nelson, secured a position as a training instructor with Watch House International in Dallas,...
April 25, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the “savings clause” failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers. In Nelson v. Watch House Int’l, L.L.C., No. 15-10531 (5th Cir., Mar. 2, 2016), a man, Nelson, secured a position as a training instructor with Watch House International in Dallas,...
