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Arbitration
Fifth Circuit Rules Louisiana Non-Resident Attachment Statute May be Used Prior to Anticipated Arbitration
November 30, 2017
A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration. In Stemcor USA, Inc. v. Cia Siderurgica Do Para Cosipar; Daewoo Int’l Corp. v. Thyssenkrupp Mannex Gmbh v. America Metals Trading, LLP, No. 16-30984 (5th Cir., Sept. 1, 2017), two foreign corporate creditors, Daewoo and Thyssenkrupp Mannex GMBH (“TKM”), sought to attach pig iron that was owned by America Metals Trading, LLP (“AMT”). The case began when Daewoo...
November 30, 2017
A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration. In Stemcor USA, Inc. v. Cia Siderurgica Do Para Cosipar; Daewoo Int’l Corp. v. Thyssenkrupp Mannex Gmbh v. America Metals Trading, LLP, No. 16-30984 (5th Cir., Sept. 1, 2017), two foreign corporate creditors, Daewoo and Thyssenkrupp Mannex GMBH (“TKM”), sought to attach pig iron that was owned by America Metals Trading, LLP (“AMT”). The case began when Daewoo...
What Have We Learned From The Global Pound Conferences?
November 30, 2017
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Despite these limitations, the Global Pound Conference poll leaves us with a number of general impressions about current dispute resolution practice, and raises several tantalizing prospects for future evolution....
November 30, 2017
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Despite these limitations, the Global Pound Conference poll leaves us with a number of general impressions about current dispute resolution practice, and raises several tantalizing prospects for future evolution....
Arbitration Award For Cabbage Patch Kids Is Confirmed
November 28, 2017
What could be a better subject for a Black Friday weekend post than the Cabbage Patch Kids??! Especially if you are old enough to remember the 1980s… Whether you loved or hated the smushed-face dolls, the point of this post is that the 11th Circuit confirmed an arbitration award in their favor, showing significant deference to the arbitrator. Original Appalachian Artworks, Inc. v. Jakks Pacific, Inc., 2017 WL 5508498 (11th Cir. Nov. 17, 2017). The dispute was between the company that owns...
November 28, 2017
What could be a better subject for a Black Friday weekend post than the Cabbage Patch Kids??! Especially if you are old enough to remember the 1980s… Whether you loved or hated the smushed-face dolls, the point of this post is that the 11th Circuit confirmed an arbitration award in their favor, showing significant deference to the arbitrator. Original Appalachian Artworks, Inc. v. Jakks Pacific, Inc., 2017 WL 5508498 (11th Cir. Nov. 17, 2017). The dispute was between the company that owns...
Hylton on Deterrence & Aggregate Litigation
November 27, 2017
Keith N. Hylton (Boston University - School of Law) has posted Deterrence and Aggregate Litigation on SSRN. Here is the abstract: This paper examines the deterrence properties of aggregate litigation and class actions, with an emphasis on positive value claims. In the multiple victim scenario with positive value claims, in the absence of the class action device, the probability that an individual victim will bring suit falls toward zero with geometric decay as the number of victims increases....
November 27, 2017
Keith N. Hylton (Boston University - School of Law) has posted Deterrence and Aggregate Litigation on SSRN. Here is the abstract: This paper examines the deterrence properties of aggregate litigation and class actions, with an emphasis on positive value claims. In the multiple victim scenario with positive value claims, in the absence of the class action device, the probability that an individual victim will bring suit falls toward zero with geometric decay as the number of victims increases....
Fourth Circuit Issues Opinion Creating Good Policy For Arbitration Law
November 24, 2017
In Goodwin v. Branch Banking & Trust Co, No. 17-1412 (4th Cir. Oct. 31, 2017) (click here for a copy of the decision), the Fourth Circuit issued a brief opinion discussing an inappropriate tactic sometimes used in litigating the enforceability of an arbitration clause. Suppose a hypothetical arbitration clause with a consumer or employee contains 2 unconscionable, harsh, one-sided terms (e.g., all arbitration must take place in a distant state on the opposite side of the country; and the consumer...
November 24, 2017
In Goodwin v. Branch Banking & Trust Co, No. 17-1412 (4th Cir. Oct. 31, 2017) (click here for a copy of the decision), the Fourth Circuit issued a brief opinion discussing an inappropriate tactic sometimes used in litigating the enforceability of an arbitration clause. Suppose a hypothetical arbitration clause with a consumer or employee contains 2 unconscionable, harsh, one-sided terms (e.g., all arbitration must take place in a distant state on the opposite side of the country; and the consumer...
Glover on the Supreme Court’s Class Action Cases
November 21, 2017
Maria Glover (Georgetown University Law Center) has posted The Supreme Court's 'Non‐Transsubstantive' Class Action (University...
November 21, 2017
Maria Glover (Georgetown University Law Center) has posted The Supreme Court's 'Non‐Transsubstantive' Class Action (University...
Texas Firm Seeks Binding Arbitration for Fee Fight with Former Associate
November 21, 2017
Houston trial firm Caddell & Chapman is seeking a declaratory judgment that a fee dispute with former associate Craig Marchiando should be decided through the Houston Bar Association arbitration process. In a petition filed Nov. 8 in state district court in Harris County, Caddell & Chapman alleges that it offered Marchiando, who left the firm in 2015 and now lives in Virginia, five percent of the net attorneys fees received from the settlement of litigation filed against Sirius...
November 21, 2017
Houston trial firm Caddell & Chapman is seeking a declaratory judgment that a fee dispute with former associate Craig Marchiando should be decided through the Houston Bar Association arbitration process. In a petition filed Nov. 8 in state district court in Harris County, Caddell & Chapman alleges that it offered Marchiando, who left the firm in 2015 and now lives in Virginia, five percent of the net attorneys fees received from the settlement of litigation filed against Sirius...
New Treasury Department Report Recommends SEC Allow Shareholder Arbitration
November 20, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial...
November 20, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial...
Draft Report Of The International Council For Commercial Arbitration On 3rd Party Funding
November 16, 2017
The Draft Report of the International Council for Commercial Arbitration and the Queen Mary University of London Task Force on Third-Party Funding in International Arbitration: What You Need to Know The international arbitration community has been a leader in the adoption and evolution of third-party funding. Continuing that trend, The International Council for Commercial Arbitration (“ICCA”) partnered with Queen Mary University of London (“QMUL”) in 2013 to establish a task force...
November 16, 2017
The Draft Report of the International Council for Commercial Arbitration and the Queen Mary University of London Task Force on Third-Party Funding in International Arbitration: What You Need to Know The international arbitration community has been a leader in the adoption and evolution of third-party funding. Continuing that trend, The International Council for Commercial Arbitration (“ICCA”) partnered with Queen Mary University of London (“QMUL”) in 2013 to establish a task force...
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
November 16, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written...
November 16, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written...
