FEDERAL COURT
Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
Florida’s Sunshine Laws Override State Mediation Confidentiality, But Not Federal Court Mediation Provisions
January 27, 2014
A Florida state court held that confidential mediation sessions in a related federal case between city officials, union leaders and a Pension Board involved collective bargaining and thus violated the state’s Sunshine Laws because they were not open to the public. The court rejected the argument that Florida’s mediation laws provide an exemption from the state’s Sunshine Laws, but noted that a federal court order requiring private mediation would override the Sunshine Laws. The court enjoined...
January 27, 2014
A Florida state court held that confidential mediation sessions in a related federal case between city officials, union leaders and a Pension Board involved collective bargaining and thus violated the state’s Sunshine Laws because they were not open to the public. The court rejected the argument that Florida’s mediation laws provide an exemption from the state’s Sunshine Laws, but noted that a federal court order requiring private mediation would override the Sunshine Laws. The court enjoined...
Jurisdictional Effects in M&A Litigation
January 21, 2014
We compile the most extensive hand-collected data set on all forms of M&A litigation in the United States to study the effects of lawsuit jurisdictions during a sample period (1999 and 2000) of the fifth merger wave, a period characterized by an abundance of friendly one-bidder deals and the near demise of the hostile offer. We find that only about 12 percent of all M&A offers are challenged in the courts during this period. Almost half the suits are filed in Delaware, while federal suits...
January 21, 2014
We compile the most extensive hand-collected data set on all forms of M&A litigation in the United States to study the effects of lawsuit jurisdictions during a sample period (1999 and 2000) of the fifth merger wave, a period characterized by an abundance of friendly one-bidder deals and the near demise of the hostile offer. We find that only about 12 percent of all M&A offers are challenged in the courts during this period. Almost half the suits are filed in Delaware, while federal suits...
Alex Rodriguez Considers The Cost of Litigating in Federal Court [Tougher Choice With Reduction]
January 11, 2014
Fascinating calculus for A-Rod to consider, in his decision of whether to seek a restraining order in federal court of any suspension he may receive: According to the source, a suspension longer than 100 games will likely lead Rodriguez and his attorneys to pursue a temporary restraining order against Horowitz’s ruling in federal court. If he is given a shorter suspension, however, “then Alex will have some things to think about,” the source told ESPNNewYork.com. According to the source,...
January 11, 2014
Fascinating calculus for A-Rod to consider, in his decision of whether to seek a restraining order in federal court of any suspension he may receive: According to the source, a suspension longer than 100 games will likely lead Rodriguez and his attorneys to pursue a temporary restraining order against Horowitz’s ruling in federal court. If he is given a shorter suspension, however, “then Alex will have some things to think about,” the source told ESPNNewYork.com. According to the source,...
2013: A Bellwether Year in Litigation
January 2, 2014
Test cases allow the parties to see which way the wind blows with juries and, perhaps, settle their disputes. DEPUY The first bellwether trials over defects in hip implants made by Johnson & Johnson's DePuy Orthopaedics resulted in a $2.5 billion settlement on Nov. 19. On March 8, a Los Angeles jury awarded $8.3 million to a man who suffered injuries due to an implant. A second trial in Chicago ended on April 16 with a defense win. The settlement resolves cases in federal court in Cleveland...
January 2, 2014
Test cases allow the parties to see which way the wind blows with juries and, perhaps, settle their disputes. DEPUY The first bellwether trials over defects in hip implants made by Johnson & Johnson's DePuy Orthopaedics resulted in a $2.5 billion settlement on Nov. 19. On March 8, a Los Angeles jury awarded $8.3 million to a man who suffered injuries due to an implant. A second trial in Chicago ended on April 16 with a defense win. The settlement resolves cases in federal court in Cleveland...
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
November 19, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit. In Scudiero v. Radio One of Texas II, L.L.C., No. 13-20114, (5th Cir., October 24, 2013), Vince Scudiero and Christel Thornton filed a lawsuit in federal court against their employer, Radio One of Texas II, L.L.C. (“Radio One”), alleging race discrimination and retaliation against Scudiero...
November 19, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit. In Scudiero v. Radio One of Texas II, L.L.C., No. 13-20114, (5th Cir., October 24, 2013), Vince Scudiero and Christel Thornton filed a lawsuit in federal court against their employer, Radio One of Texas II, L.L.C. (“Radio One”), alleging race discrimination and retaliation against Scudiero...
Rethinking Civil Litigation in Federal District Court
October 30, 2013
Over the past 200 years, litigation in federal courts has continually changed. The greatest change has taken place in the past 25 or 30 years. During this period, we have seen the almost total disappearance of civil trials in federal court. Trials have been largely supplanted by motions practice and settlement. But lawyers have not responded to this change and still conduct pretrial as if their cases are going to trial. I think that is a mistake, and in this article I offer suggestions as to what...
October 30, 2013
Over the past 200 years, litigation in federal courts has continually changed. The greatest change has taken place in the past 25 or 30 years. During this period, we have seen the almost total disappearance of civil trials in federal court. Trials have been largely supplanted by motions practice and settlement. But lawyers have not responded to this change and still conduct pretrial as if their cases are going to trial. I think that is a mistake, and in this article I offer suggestions as to what...
Reinsurance Focus: FEDERAL COURT DENIES MOTION TO VACATE ARBITRATION AWARD AND SANCTIONS PARTY SEEKING VACATUR
December 14, 2012
Reinsurance Focus: FEDERAL COURT DENIES MOTION TO VACATE ARBITRATION AWARD AND SANCTIONS PARTY SEEKING VACATUR http://goo.gl/pH8CN
December 14, 2012
Reinsurance Focus: FEDERAL COURT DENIES MOTION TO VACATE ARBITRATION AWARD AND SANCTIONS PARTY SEEKING VACATUR http://goo.gl/pH8CN
