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“Good Faith or No Faith?”
June 12, 2014
I had the recent privilege of interviewing Lord Harry Woolf of Barnes, former Master of the Rolls and Lord Chief Justice of England and Wales. We touched on the seminal Halsey Case, which levied costs against a party that had prevailed, but had unreasonably refused to mediate as urged by the counterparty, thereby burdening the courts and the parties in requiring litigation of a matter that might have been resolved earlier. We discussed the onus upon judges to “put teeth into” orders or suggestions...
June 12, 2014
I had the recent privilege of interviewing Lord Harry Woolf of Barnes, former Master of the Rolls and Lord Chief Justice of England and Wales. We touched on the seminal Halsey Case, which levied costs against a party that had prevailed, but had unreasonably refused to mediate as urged by the counterparty, thereby burdening the courts and the parties in requiring litigation of a matter that might have been resolved earlier. We discussed the onus upon judges to “put teeth into” orders or suggestions...
Supreme Court Continues Down Pro-Arbitration Road
June 12, 2014
Although arbitration features regularly on the Supreme Court’s docket, a number of significant cases have been before the Court recently. The gist of these rulings is a continued pro-arbitration approach, consistent with the Federal Arbitration Act (FAA), 9 U.S.C. § 1. The Supreme Court also confirmed that parties to an arbitration contract are bound by the words of that contract. In addition, by denying certiorari in the Delaware Coalition for Open Government v. Strine case, the Court struck...
June 12, 2014
Although arbitration features regularly on the Supreme Court’s docket, a number of significant cases have been before the Court recently. The gist of these rulings is a continued pro-arbitration approach, consistent with the Federal Arbitration Act (FAA), 9 U.S.C. § 1. The Supreme Court also confirmed that parties to an arbitration contract are bound by the words of that contract. In addition, by denying certiorari in the Delaware Coalition for Open Government v. Strine case, the Court struck...
Numbers Game Update: Are Class Actions on the Decline?
June 11, 2014
After the U.S. Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion,...
June 11, 2014
After the U.S. Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion,...
Another Settlement in Auto-Parts Antitrust Class Action
June 11, 2014
Another auto parts supplier named in a sweeping antitrust class action, Autoliv Inc., has agreed to pay $65 million to resolve claims of price-fixing and bid-rigging. The settlement with the Swedish company, reached on Friday, came less than five months after Japanese auto parts supplier Nippon Seiki Co. Ltd. agreed to pay $6 million to resolve similar claims. Two other companies, Lear Corp. and Kyungshin-Lear Sales & Engineering LLC, settled last month. The litigation, coordinated in federal...
June 11, 2014
Another auto parts supplier named in a sweeping antitrust class action, Autoliv Inc., has agreed to pay $65 million to resolve claims of price-fixing and bid-rigging. The settlement with the Swedish company, reached on Friday, came less than five months after Japanese auto parts supplier Nippon Seiki Co. Ltd. agreed to pay $6 million to resolve similar claims. Two other companies, Lear Corp. and Kyungshin-Lear Sales & Engineering LLC, settled last month. The litigation, coordinated in federal...
Arbitration as a Means of Avoiding Class Actions
June 11, 2014
In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary. Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action could be sustained in a commercial arbitration agreement, because the arbitrator’s finding had drawn its essence from interpretation of the arbitration agreement itself. And in American Express v. Italian...
June 11, 2014
In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary. Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action could be sustained in a commercial arbitration agreement, because the arbitrator’s finding had drawn its essence from interpretation of the arbitration agreement itself. And in American Express v. Italian...
Advising Clients of Arbitration Awards and Vacatur of an Award
June 11, 2014
A significant dispute has arisen in connection with your client’s work on a construction project and, pursuant to the contract documents, the dispute has proceeded to arbitration under the Federal Arbitration Act (FAA). Several days into the arbitration hearing, your client surmises that the arbitration is not going well and there is a high probability of an adverse award. Your client turns to you and says, “This arbitration panel is misinterpreting the facts and not applying the law; we can always...
June 11, 2014
A significant dispute has arisen in connection with your client’s work on a construction project and, pursuant to the contract documents, the dispute has proceeded to arbitration under the Federal Arbitration Act (FAA). Several days into the arbitration hearing, your client surmises that the arbitration is not going well and there is a high probability of an adverse award. Your client turns to you and says, “This arbitration panel is misinterpreting the facts and not applying the law; we can always...
For In-house Counsel, More Regulation and Fewer Resources
June 11, 2014
Today’s corporate counsel do battle with multiple risks on numerous fronts. Whether it’s facing off against cybercriminals or government regulators, defending the enterprise involves time, energy and money. A new survey from Grant Thornton LLP, the U.S. member firm of Grant Thornton International Ltd., an independent tax, audit and advisory firm, shows that in-house counsel looking to handle growing corporate challenges are facing serious budget shortfalls. Grant Thornton’s “2014 Corporate...
June 11, 2014
Today’s corporate counsel do battle with multiple risks on numerous fronts. Whether it’s facing off against cybercriminals or government regulators, defending the enterprise involves time, energy and money. A new survey from Grant Thornton LLP, the U.S. member firm of Grant Thornton International Ltd., an independent tax, audit and advisory firm, shows that in-house counsel looking to handle growing corporate challenges are facing serious budget shortfalls. Grant Thornton’s “2014 Corporate...
Class Actions 101: Frequently Asked Questions about Class Discovery
June 10, 2014
This article is intended to help attorneys working on their first class action understand the impact of class action issues on discovery and on strategic approaches that counsel take on discovery. People talk about bifurcating discovery. What is that? At the class-certification stage, the relevant issues are whether the plaintiff proved his or her compliance with Federal Rule of Civil Procedure 23; in other words, only if the plaintiff proves that Rule 23’s requirements are satisfied may a class...
June 10, 2014
This article is intended to help attorneys working on their first class action understand the impact of class action issues on discovery and on strategic approaches that counsel take on discovery. People talk about bifurcating discovery. What is that? At the class-certification stage, the relevant issues are whether the plaintiff proved his or her compliance with Federal Rule of Civil Procedure 23; in other words, only if the plaintiff proves that Rule 23’s requirements are satisfied may a class...
Labor Arbitrator Authorized to Void Agreement Based on Mutual Mistake
June 10, 2014
This week the Eighth Circuit confronted an interesting question: if a union member believed he failed a drug test, and therefore...
June 10, 2014
This week the Eighth Circuit confronted an interesting question: if a union member believed he failed a drug test, and therefore...
Tenth Circuit Holds Arbitration Agreement Unconscionable
June 10, 2014
A nursing home resident entered into an agreement with THI, a nursing home operator, that required arbitrations of all claims...
June 10, 2014
A nursing home resident entered into an agreement with THI, a nursing home operator, that required arbitrations of all claims...
