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Texas’ First COA Refuses to Compel Arbitration in Second Lawsuit Regarding Houston Aeronautical Heritage Society Governance
March 7, 2014
On appeal, the plaintiffs asserted that their claims fall within the scope of the arbitration agreement included in the HAHS bylaws. According to the appeals court, however, the plaintiffs’ argument was irrelevant as their actions waived any right they may have had to engage in arbitration. The court stated despite that both Texas and federal law favor arbitration and there is a strong presumption against any waiver of the right to engage in arbitration, a party’s conduct may demonstrate...
March 7, 2014
On appeal, the plaintiffs asserted that their claims fall within the scope of the arbitration agreement included in the HAHS bylaws. According to the appeals court, however, the plaintiffs’ argument was irrelevant as their actions waived any right they may have had to engage in arbitration. The court stated despite that both Texas and federal law favor arbitration and there is a strong presumption against any waiver of the right to engage in arbitration, a party’s conduct may demonstrate...
Federal Circuit: Claim Construction Should be Avoided Unless Associated with a Recognized Meaningful Case Outcome
March 7, 2014
Superior Industries v. Masaba (Fed. Cir. 2014) Superior Indus. is an interesting short non-precedential opinion from...
March 7, 2014
Superior Industries v. Masaba (Fed. Cir. 2014) Superior Indus. is an interesting short non-precedential opinion from...
Other Structural Aspects of Pre-Dispute Arbitration Agreements—What am I Agreeing to Arbitrate?
March 6, 2014
In the last installment of our B-2-B Arbitration series we focused on one of the most important structural aspects of pre-dispute arbitration agreements: the mutual promise to submit disputes to arbitration, what it means and how its performance by the parties through their post-dispute submission defines and delimits the scope of authority parties actually delegate—as opposed topromise to delegate—to arbitrators to resolve particular disputes. But there are other important structural aspects...
March 6, 2014
In the last installment of our B-2-B Arbitration series we focused on one of the most important structural aspects of pre-dispute arbitration agreements: the mutual promise to submit disputes to arbitration, what it means and how its performance by the parties through their post-dispute submission defines and delimits the scope of authority parties actually delegate—as opposed topromise to delegate—to arbitrators to resolve particular disputes. But there are other important structural aspects...
Building Trust & Rapport With Robin Dreeke (FBI)
March 6, 2014
Building rapport is one of the most important skills a mediator must be able to properly develop in order to be effective. It is one of the main aspects of my PhD research and many others before me have explored this within the context of mediation as well. Robin Dreeke of the FBI wrote a fantastic book on building rapport and recently answered questions for the Farnam Street Blog. The Q&A's are listed below while further below are ten tips for building rapport. Links to read more on each...
March 6, 2014
Building rapport is one of the most important skills a mediator must be able to properly develop in order to be effective. It is one of the main aspects of my PhD research and many others before me have explored this within the context of mediation as well. Robin Dreeke of the FBI wrote a fantastic book on building rapport and recently answered questions for the Farnam Street Blog. The Q&A's are listed below while further below are ten tips for building rapport. Links to read more on each...
The Third Mediation Space; The Humble Corridor Encounter
March 6, 2014
My take on corridor encounters is that they are very different in toneand content from joint session or private caucus conversations. So first to tone; Corridor encounters seem to usually involve a variation on the line up of participants and are often with one or other of the attorneys (or both) who typically adopt a different posture with each other out of earshot of clients. In my experience it’s most effective for the attorneys NOT to have instructions on any of the matters under...
March 6, 2014
My take on corridor encounters is that they are very different in toneand content from joint session or private caucus conversations. So first to tone; Corridor encounters seem to usually involve a variation on the line up of participants and are often with one or other of the attorneys (or both) who typically adopt a different posture with each other out of earshot of clients. In my experience it’s most effective for the attorneys NOT to have instructions on any of the matters under...
Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
50 Shades of Settlement Counsel—What Role Is Best for Your Client?
March 6, 2014
Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most...
March 6, 2014
Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most...
“iLitigation”: Essential Apps and Websites for Litigators
March 5, 2014
Searching the thousands of apps available in the App Store for the “needle in the haystack” you can use in your law practice...
March 5, 2014
Searching the thousands of apps available in the App Store for the “needle in the haystack” you can use in your law practice...
ABA Report Lacking Solutions for Law Schools
March 5, 2014
Task force offers plenty of criticism — especially of faculty scholarship — without practical advice. Legal education certainly can improve, but the recommendations of the American Bar Association's Task Force on the Future of Legal Education are not the way to do it. The task force released its report and recommendations on Jan. 24, and they are a collection of ideas that will do little to make law schools better — and some would make them much worse. The report does make some...
March 5, 2014
Task force offers plenty of criticism — especially of faculty scholarship — without practical advice. Legal education certainly can improve, but the recommendations of the American Bar Association's Task Force on the Future of Legal Education are not the way to do it. The task force released its report and recommendations on Jan. 24, and they are a collection of ideas that will do little to make law schools better — and some would make them much worse. The report does make some...
Children’s Hospital Mediation Project Aims to Improve Communication Between Parents and Healthcare Providers
March 5, 2014
The Evelina London Children’s Hospital has reportedly instituted a new mediation project aimed at improving communication between parents and healthcare providers. The Evelina Resolution Project trains hospital staff how to identify potential conflicts and triggers, rebuild trust, consider the perspective of a patient’s parents, and manage stress. The program also allows both parents and hospital staff to request mediation services when a disagreement over a child’s care arises. The...
March 5, 2014
The Evelina London Children’s Hospital has reportedly instituted a new mediation project aimed at improving communication between parents and healthcare providers. The Evelina Resolution Project trains hospital staff how to identify potential conflicts and triggers, rebuild trust, consider the perspective of a patient’s parents, and manage stress. The program also allows both parents and hospital staff to request mediation services when a disagreement over a child’s care arises. The...
