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Judge Sanctions Insurer $50K Because its Lawyer Couldn’t Settle Dog-Bite Case for $750K
May 23, 2014
Attorney Peter Neumann, who represents Moberly, was close to a $750,000 settlement on April 30 with defendants James, Dianne...
May 23, 2014
Attorney Peter Neumann, who represents Moberly, was close to a $750,000 settlement on April 30 with defendants James, Dianne...
No Retroactive Application to Arbitration Agreement Says Sixth Circuit
May 23, 2014
The Sixth Circuit held that an employee does not have to arbitrate a claim that was already pending in court when he entered...
May 23, 2014
The Sixth Circuit held that an employee does not have to arbitrate a claim that was already pending in court when he entered...
Why Universities Should Bail Out Their Law Schools
May 23, 2014
Boston Globe op-ed: Bail Out Law Schools – But With Strings Attached, by Paula Monopoli (Maryland): When I joined the legal academy more than 20 years ago, American law schools were the cash cows of higher education. Revenue flowed from law schools to central administrations, and campuses were happy to let law schools oversee themselves. New programs sprang up by the dozens. Lots of new hires each year became the norm, and expensive symposia the order of the day. It never occurred to us that...
May 23, 2014
Boston Globe op-ed: Bail Out Law Schools – But With Strings Attached, by Paula Monopoli (Maryland): When I joined the legal academy more than 20 years ago, American law schools were the cash cows of higher education. Revenue flowed from law schools to central administrations, and campuses were happy to let law schools oversee themselves. New programs sprang up by the dozens. Lots of new hires each year became the norm, and expensive symposia the order of the day. It never occurred to us that...
Judge Posner Sarcastically Applauds ‘New Form of Arbitration’ After Garner’s Expert Evaluates Tiff
May 22, 2014
Legal Times published Posner’s response in a second article. “Please convey my congratulations to Bryan Garner on inventing a new form of arbitration,” Posner wrote in an email to Legal Times. “Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted.” “How beautifully that simplifies arbitration!” Posner continued. “No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list...
May 22, 2014
Legal Times published Posner’s response in a second article. “Please convey my congratulations to Bryan Garner on inventing a new form of arbitration,” Posner wrote in an email to Legal Times. “Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted.” “How beautifully that simplifies arbitration!” Posner continued. “No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list...
Cornerstone Research Releases 2013 Analysis of Securities Suits Involving Accounting Allegations
May 22, 2014
Though the number of securities class action lawsuit containing accounting allegations remained essentially the same in 2013 compared to 2012, the market capitalization losses associated with the 2013 suits were more than double the losses associated with the 2012 suits, according to a new report from Cornerstone Research. The report contains a brief analysis of the ways SEC enforcement practices and priorities could lead to an increase in the number of accounting cases in the future The report,...
May 22, 2014
Though the number of securities class action lawsuit containing accounting allegations remained essentially the same in 2013 compared to 2012, the market capitalization losses associated with the 2013 suits were more than double the losses associated with the 2012 suits, according to a new report from Cornerstone Research. The report contains a brief analysis of the ways SEC enforcement practices and priorities could lead to an increase in the number of accounting cases in the future The report,...
Law Firms in Transition
May 22, 2014
Large majorities of law firm leaders responding to the survey agree that greater price competition, practice efficiency,...
May 22, 2014
Large majorities of law firm leaders responding to the survey agree that greater price competition, practice efficiency,...
Guidance on Settling Employment Disputes with Clean Records
May 22, 2014
Resolution of federal employment disputes in mediation (and direct negotiation) often includes an agreement to give the employee a clean record. The U.S. Merit Systems Protection Board has issued a lengthy report, Clean Record Settlement Agreements and the Law, discussing the range of issues that can arise and focusing on how to make clear commitments in settlement agreements and successfully carry out those commitments. U.S. Merit Systems Protection Board (December 5, 2013); Report
May 22, 2014
Resolution of federal employment disputes in mediation (and direct negotiation) often includes an agreement to give the employee a clean record. The U.S. Merit Systems Protection Board has issued a lengthy report, Clean Record Settlement Agreements and the Law, discussing the range of issues that can arise and focusing on how to make clear commitments in settlement agreements and successfully carry out those commitments. U.S. Merit Systems Protection Board (December 5, 2013); Report
No Frequent Complaining Allowed about Frequent Flyer Programs
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
Dad Was Wrong; You Can’t Do Anything With a Law Degree
May 21, 2014
As Jim Saksa was pondering whether to attend law school, his father offered what may have seemed like sage advice: You can do anything with a law degree. Now Saksa is looking for a job outside the legal field, and he’s beginning to think his expensive JD is more of a hindrance than a help. “In the last few months,” he writes in a column for Slate, “I’ve interviewed for jobs at a nonprofit, a think tank, and a PR firm among other places of business. I know from personal experience...
May 21, 2014
As Jim Saksa was pondering whether to attend law school, his father offered what may have seemed like sage advice: You can do anything with a law degree. Now Saksa is looking for a job outside the legal field, and he’s beginning to think his expensive JD is more of a hindrance than a help. “In the last few months,” he writes in a column for Slate, “I’ve interviewed for jobs at a nonprofit, a think tank, and a PR firm among other places of business. I know from personal experience...
Law School Reduced Ability to Predict Case Outcomes
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
