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Third Circuit Rejects Insurer’s Motion to Compel Arbitration of Medical Device Suppliers’ Claims
June 5, 2014
Plaintiffs in Cardionet, Inc. v. CIGNA Health Corp supply medical devices that permit patients to monitor heart function...
June 5, 2014
Plaintiffs in Cardionet, Inc. v. CIGNA Health Corp supply medical devices that permit patients to monitor heart function...
“Entry of Judgment” Language in Arbitration Clauses
June 5, 2014
Attorneys routinely seek court enforcement of awards and judgments made in private arbitrations. A court judgment is required to collect on any arbitration award where the party against whom the award is made does not voluntarily submit payment. Given the liberal standard on enforcement of awards under the Federal Arbitration Act (FAA), courts typically enter such judgments without delay. Confusion can arise where the underlying contract contains a “final and binding” arbitration clause but does...
June 5, 2014
Attorneys routinely seek court enforcement of awards and judgments made in private arbitrations. A court judgment is required to collect on any arbitration award where the party against whom the award is made does not voluntarily submit payment. Given the liberal standard on enforcement of awards under the Federal Arbitration Act (FAA), courts typically enter such judgments without delay. Confusion can arise where the underlying contract contains a “final and binding” arbitration clause but does...
Left Brain, Right Brain: Two Sides, Always Working Together
June 5, 2014
And although it is true that the left hemisphere controls speech and plays a major role in grammar and comprehension, the right hemisphere plays a key role not only in our comprehending implied meaning but also in our understanding and producing verbal metaphors and humor, and it is largely responsible for helping us to decipher the meaning of changes in speaking tone, such as the rising tone at the end of a spoken question. And both hemispheres play critical roles in extracting meaning in general....
June 5, 2014
And although it is true that the left hemisphere controls speech and plays a major role in grammar and comprehension, the right hemisphere plays a key role not only in our comprehending implied meaning but also in our understanding and producing verbal metaphors and humor, and it is largely responsible for helping us to decipher the meaning of changes in speaking tone, such as the rising tone at the end of a spoken question. And both hemispheres play critical roles in extracting meaning in general....
5 Communication Skills that Open People’s Minds
June 4, 2014
Five Tricks For Opening Minds 1. Establish your common humanity. 2. Start with stories, not reasons. 3. Allow your discussion partner to feel safe changing his or her mind. 4. Validate their experience, question their interpretation. 5. Keep focused on your goal. What’s Next? The next time you’re in a discussion with someone about a controversial issue such as religion, politics, household chores, or dietary doctrine, try to use these tricks: Establish a dialogue...
June 4, 2014
Five Tricks For Opening Minds 1. Establish your common humanity. 2. Start with stories, not reasons. 3. Allow your discussion partner to feel safe changing his or her mind. 4. Validate their experience, question their interpretation. 5. Keep focused on your goal. What’s Next? The next time you’re in a discussion with someone about a controversial issue such as religion, politics, household chores, or dietary doctrine, try to use these tricks: Establish a dialogue...
SDNY Enforces Hyperlinked Arbitration Clause and Class Action Waiver
June 4, 2014
Last month, the District Court for the Southern District of New York granted a motion to dismiss brought by defendant Gilt Groupe, Inc. (Gilt) in Starke v. Gilt Groupe, Inc. Adam Starke (Starke) sought to bring a class action claim against Gilt for allegedly misrepresenting on its website that its textiles were made from bamboo fibers when they are in fact made from bamboo derivatives (rayon). Gilt is an online shopping website that specializes in "flash sales" of short duration. In order to purchase...
June 4, 2014
Last month, the District Court for the Southern District of New York granted a motion to dismiss brought by defendant Gilt Groupe, Inc. (Gilt) in Starke v. Gilt Groupe, Inc. Adam Starke (Starke) sought to bring a class action claim against Gilt for allegedly misrepresenting on its website that its textiles were made from bamboo fibers when they are in fact made from bamboo derivatives (rayon). Gilt is an online shopping website that specializes in "flash sales" of short duration. In order to purchase...
An Incomplete Inventory of NewLaw
June 4, 2014
So I was asked to give a presentation about “NewLaw.” No problem at all — aside from the minor, niggling detail of...
June 4, 2014
So I was asked to give a presentation about “NewLaw.” No problem at all — aside from the minor, niggling detail of...
Branding the Post-Closing Dispute
June 4, 2014
In the first episode of Mad Men, Don Draper and his team are looking for a way to distinguish Lucky Strike from all the other cigarettes on the market, in the wake of aReader’s Digest report that smoking causes cancer. The problem is that there’s really no difference between the brands; they’ll all make you sick. That is not the case in deciding whether a post-closing dispute is a purchase price adjustment or a contractual indemnity claim. In this context, the difference can be consequential. If...
June 4, 2014
In the first episode of Mad Men, Don Draper and his team are looking for a way to distinguish Lucky Strike from all the other cigarettes on the market, in the wake of aReader’s Digest report that smoking causes cancer. The problem is that there’s really no difference between the brands; they’ll all make you sick. That is not the case in deciding whether a post-closing dispute is a purchase price adjustment or a contractual indemnity claim. In this context, the difference can be consequential. If...
Expect Jurors to Want to Follow the Money
June 4, 2014
There is one topic that nearly always comes up in mock trial discussions: the McDonald's hot coffee case. It can be a circumstance as distinct as a patent case, and at least one juror will somehow find a connection. When the discussion turns to damages -- and especially punitive damages -- there is another topic that makes an appearance nearly every time: the question, "Where does the money go?" One juror in a real trial took that a little too far recently. During deliberations in a sexual harassment...
June 4, 2014
There is one topic that nearly always comes up in mock trial discussions: the McDonald's hot coffee case. It can be a circumstance as distinct as a patent case, and at least one juror will somehow find a connection. When the discussion turns to damages -- and especially punitive damages -- there is another topic that makes an appearance nearly every time: the question, "Where does the money go?" One juror in a real trial took that a little too far recently. During deliberations in a sexual harassment...
The Incoherent Role of Bargaining Power in Contract Law
June 3, 2014
Contracts that result from the abuse of unequal bargaining power have long been a concern of contract law. Courts have proscribed efforts by the "powerful" to take unfair advantage of the "weak" through contracts of adhesion and standard form contracts. Certain kinds of clauses — liability waivers, and covenants not to compete, among others — regularly attract judicial suspicion because their appearance is deemed indicative of such advantage-taking. In books, symposia, and journal articles, generations...
June 3, 2014
Contracts that result from the abuse of unequal bargaining power have long been a concern of contract law. Courts have proscribed efforts by the "powerful" to take unfair advantage of the "weak" through contracts of adhesion and standard form contracts. Certain kinds of clauses — liability waivers, and covenants not to compete, among others — regularly attract judicial suspicion because their appearance is deemed indicative of such advantage-taking. In books, symposia, and journal articles, generations...
The Failure of Legal Innovation
June 3, 2014
Okay, I admit: that was a pure linkbait headline. Not quite as bad as 17 Heartwarming Photos That Will Restore Your Faith...
June 3, 2014
Okay, I admit: that was a pure linkbait headline. Not quite as bad as 17 Heartwarming Photos That Will Restore Your Faith...
