Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico. In IBS Asset Liquidations LLC v. Servicios Multiples Del NorteSA de CV, No. 04-13-00273-CV (Tex. App. – San Antonio 2013), IBS Asset Liquidations LLC, formerly known as Icon Building Systems, LLC, (“Icon”) agreed to design and build an airplane hangar for Servicios Multiples Del Norte SA de CV (“Servicios”). As part of the agreement,...
University of California, Davis Professor Donna Shestowsky has authored a new study, “The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante,” on the legal procedures preferred by people involved in civil lawsuits at the start of their cases.
The study, recently published in Iowa Law Review, finds that people involved in civil lawsuits prefer mediation to nonbinding arbitration and like judge trials more than jury trials.
“The clear overall preference...
Matter of John Lack Associates (Commissioner of Labor), ___A.D. 3d___ (3rd Dep't. Dec. 5, 2013), is an interesting decision. In applying the Right to Control test, the court concludes that an agency that hired waitresses is not their employer, reasoning:
John Lack provides its clients with individuals fitting the client's requirements for each particular event. The agency neither interviews nor screens the workers, other than to ensure that they have the necessary uniform and equipment. However,...
The Study: Do Jurors Rule Based on Standard of Proof?
No, they don't. Not really, or at least not when it matters most. That is the conclusion of Florida State University behavioral economist Brent Davis in this recent study. The results do conflict with some research showing very small differences in the right directions (for example Glöckner & Engel, 2013). But Davis' method was unique in several respects. Most importantly, his study represents the first true incentivized simulation...
"If lawyers are allowed to wine and dine arbitrators [and not disclose that information], some pressure comes to bear," Susan Hays, an Austin solo who represents the plaintiffs in Patten, told the court.