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Employer’s Attempt To Avoid Ongoing Collective Action By Forcing Potential Plaintiffs To Sign Arbitration Agreements Fails
April 17, 2014
In the past year, if I wrote about “FLSA” and “arbitration” in the same post, it likely meant that another federal court had found employers can include class action waivers in their employment contracts without violating the Fair Labor Standards Act. Today, however, is different. The Eleventh Circuit last week found that it was the FLSA that gave the district court sufficient “managerial responsibility” over workers’ collective actions to override an employer’s coercive,...
April 17, 2014
In the past year, if I wrote about “FLSA” and “arbitration” in the same post, it likely meant that another federal court had found employers can include class action waivers in their employment contracts without violating the Fair Labor Standards Act. Today, however, is different. The Eleventh Circuit last week found that it was the FLSA that gave the district court sufficient “managerial responsibility” over workers’ collective actions to override an employer’s coercive,...
Bad Faith Claim Collides With Mediation Confidentiality and Opening Offer
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
Mediation Fees Not Recoverable As Cost
April 17, 2014
Even when court-ordered, mediation is not a recoverable cost in federal litigation under 28 U.S.C. § 1920. Fantroy v. Publix Super Markets, Inc., No. 8:12-cv-1940-T-33EAJ (U.S.D.C. M.D. Fla., February 3, 2014) Mediation fees may not be imposed as costs on the losing party under local rule or practice in Montana. Lazy JC Ranch, LLC v. Donnes, No. DA 13-0249 (Mont., January 28, 2014)
April 17, 2014
Even when court-ordered, mediation is not a recoverable cost in federal litigation under 28 U.S.C. § 1920. Fantroy v. Publix Super Markets, Inc., No. 8:12-cv-1940-T-33EAJ (U.S.D.C. M.D. Fla., February 3, 2014) Mediation fees may not be imposed as costs on the losing party under local rule or practice in Montana. Lazy JC Ranch, LLC v. Donnes, No. DA 13-0249 (Mont., January 28, 2014)
Future of Artificial Intelligence and Law
April 16, 2014
The famed Richard Susskind closed down ReInvent Law NYC with a big look forward, and also a look back, on artificial intelligence in the field of law. It holds a vast multitude of potential for the field, says Susskind, who has long touted – and been correct on – the potential for information technology to push the legal industry forward.
April 16, 2014
The famed Richard Susskind closed down ReInvent Law NYC with a big look forward, and also a look back, on artificial intelligence in the field of law. It holds a vast multitude of potential for the field, says Susskind, who has long touted – and been correct on – the potential for information technology to push the legal industry forward.
Are You Using Data To Analyze The Past Or To Create A New Future?
April 16, 2014
In Nate Silver’s Five Thirty Eight manifesto, he argues that the plural of anecdote is data. After all, it is through compiling and analyzing observations that we transform ordinary experiences into scientific conclusions. Yet the concept of data is still relatively new. According to Google’s Ngram, the use of the word only began to be heat up in the 1960’s. So, although data is a term that gets thrown around a lot, it’s not something we’re really accustomed to using in a meaningful...
April 16, 2014
In Nate Silver’s Five Thirty Eight manifesto, he argues that the plural of anecdote is data. After all, it is through compiling and analyzing observations that we transform ordinary experiences into scientific conclusions. Yet the concept of data is still relatively new. According to Google’s Ngram, the use of the word only began to be heat up in the 1960’s. So, although data is a term that gets thrown around a lot, it’s not something we’re really accustomed to using in a meaningful...
Ohio Supreme Court Orders Jock Tax Dispute to Mediation
April 16, 2014
Last week, the Supreme Court of Ohio ordered two lawsuits filed by former professional football players over Cleveland, Ohio’s so-called “jock tax” to mediation. The cases originated after former Chicago Bearslinebacker Hunter Hillenmeyer and former Indianapolis Colts center Jeff Saturday received a two-percent income tax bill from the City of Cleveland in connection with at least one National Football League (“NFL”) game that was played at the Cleveland Browns’ stadium. Interestingly,...
April 16, 2014
Last week, the Supreme Court of Ohio ordered two lawsuits filed by former professional football players over Cleveland, Ohio’s so-called “jock tax” to mediation. The cases originated after former Chicago Bearslinebacker Hunter Hillenmeyer and former Indianapolis Colts center Jeff Saturday received a two-percent income tax bill from the City of Cleveland in connection with at least one National Football League (“NFL”) game that was played at the Cleveland Browns’ stadium. Interestingly,...
Arbitration Clauses Survive Their Contracts 99% Of The Time
April 16, 2014
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up. In Huffman v. The Hilltop Cos., LLC, __ F.3d __, 2014 WL 1243795 (6th Cir. March 27, 2014), a class of employees alleged FLSA violations by their employer. Each of their employment agreements had an arbitration clause and a “survival clause” which listed a few of the contractual...
April 16, 2014
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up. In Huffman v. The Hilltop Cos., LLC, __ F.3d __, 2014 WL 1243795 (6th Cir. March 27, 2014), a class of employees alleged FLSA violations by their employer. Each of their employment agreements had an arbitration clause and a “survival clause” which listed a few of the contractual...
Planned Early Resolution
April 16, 2014
John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal...
April 16, 2014
John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal...
Video: The Lawyer’s Brain on Meditation
April 15, 2014
The latest video to be posted on the YouTube channel for the Berkeley Initiative for Mindfulness in the Law is The Lawyer's Brain on Meditation: Insights from Neuroscience. The description: Neuroscientist Emiliana Simon-Thomas, Ph D, Science Director of the Greater Good Science Center, presents at Berkeley Law on the ways meditation can improve the well-being, concentration, and emotional intelligence of lawyers. In addition to reviewing recent studies in neuroscience and psychology, Simon-Thomas...
April 15, 2014
The latest video to be posted on the YouTube channel for the Berkeley Initiative for Mindfulness in the Law is The Lawyer's Brain on Meditation: Insights from Neuroscience. The description: Neuroscientist Emiliana Simon-Thomas, Ph D, Science Director of the Greater Good Science Center, presents at Berkeley Law on the ways meditation can improve the well-being, concentration, and emotional intelligence of lawyers. In addition to reviewing recent studies in neuroscience and psychology, Simon-Thomas...
TyMetrix and Datacert Merging
April 15, 2014
The combination of these two world-class companies with complementary technology, product, and service offerings creates...
April 15, 2014
The combination of these two world-class companies with complementary technology, product, and service offerings creates...
