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Judicial Conference of the United States Approves Additional Cost-Saving Measures
September 24, 2013
The Judicial Conference of the United States today approved the latest in a series of cost cutting measures, taking steps to: Assure there is no overall growth in courthouse space, effective immediately; Reduce the square footage occupied by the Judiciary by the end of Fiscal Year 2018; Seek legislation that would avoid the costs associated with mandatory minimum sentences; and Seek legislation to allow for early termination of supervised release for defendants who no longer present...
September 24, 2013
The Judicial Conference of the United States today approved the latest in a series of cost cutting measures, taking steps to: Assure there is no overall growth in courthouse space, effective immediately; Reduce the square footage occupied by the Judiciary by the end of Fiscal Year 2018; Seek legislation that would avoid the costs associated with mandatory minimum sentences; and Seek legislation to allow for early termination of supervised release for defendants who no longer present...
Illusoriness Gains In Popularity As An Arbitration Buster
September 24, 2013
You hear more about Lena Dunham than you expect, given the audience for “Girls”, right? (Read this article for more.) The same is true, or should be true, for the contract defense of illusoriness. After decades of disuse, it is popping up more and more often as a defense to the enforcement of arbitration clauses (like in New Mexico and the Fifth Circuit), and therefore qualifies as the “it girl” of arbitration law. Just last week, the Sixth Circuit issued a new decision, affirming...
September 24, 2013
You hear more about Lena Dunham than you expect, given the audience for “Girls”, right? (Read this article for more.) The same is true, or should be true, for the contract defense of illusoriness. After decades of disuse, it is popping up more and more often as a defense to the enforcement of arbitration clauses (like in New Mexico and the Fifth Circuit), and therefore qualifies as the “it girl” of arbitration law. Just last week, the Sixth Circuit issued a new decision, affirming...
Appellate Court Remands for Determination of Whether There Was a Meeting of the Minds in Mediation
September 24, 2013
An appellate court remanded a dispute over an annuity for determination of whether there had been a meeting of the minds in the mediation where the written settlement agreement did not clearly state all the terms and the insurance company provided one number for the value of the annuity during the mediation and a much larger number afterwards. National Western Life Insurance Co. v. Dunn, No. 2011-CA-01515-COA (Miss. App., July 16, 2013).
September 24, 2013
An appellate court remanded a dispute over an annuity for determination of whether there had been a meeting of the minds in the mediation where the written settlement agreement did not clearly state all the terms and the insurance company provided one number for the value of the annuity during the mediation and a much larger number afterwards. National Western Life Insurance Co. v. Dunn, No. 2011-CA-01515-COA (Miss. App., July 16, 2013).
SD of Texas Compels Arbitration with Nonsignatory in Maritime Dispute
September 24, 2013
The Southern District of Texas has ordered arbitration with a nonsignatory in a maritime contract dispute. In Kingsbury Navigation Ltd. v. Koch Supply & Trading, LP, No. 4:12-CV-1851 (S.D. Texas, August 24, 2013), Kingsbury Navigation, Ltd. (“Kingsbury”) entered into an agreement with Koch Shipping, Inc. (“Koch Shipping”) to utilize Kingsbury’s tanker, the Seadancer, to transport fuel. The agreement between the parties contained an arbitration clause. As is normal practice in the industry,...
September 24, 2013
The Southern District of Texas has ordered arbitration with a nonsignatory in a maritime contract dispute. In Kingsbury Navigation Ltd. v. Koch Supply & Trading, LP, No. 4:12-CV-1851 (S.D. Texas, August 24, 2013), Kingsbury Navigation, Ltd. (“Kingsbury”) entered into an agreement with Koch Shipping, Inc. (“Koch Shipping”) to utilize Kingsbury’s tanker, the Seadancer, to transport fuel. The agreement between the parties contained an arbitration clause. As is normal practice in the industry,...
Mediation Misbehavior Not Protected
September 24, 2013
From FOI Natalie Fleury, here’s a great case arguing for good behavior in mediation: During a shuttle mediation addressing alleged sexual discrimination, the charging party (and at-the-time current A.B. Data employee), Michael Benes, broke into the room where his employer’s representatives were situated and stated “You can take your proposal and shove it ** **** *** and fire me and I’ll see you in court.” He apparently felt the offer was too low. Not surprisingly, he was fired. ...
September 24, 2013
From FOI Natalie Fleury, here’s a great case arguing for good behavior in mediation: During a shuttle mediation addressing alleged sexual discrimination, the charging party (and at-the-time current A.B. Data employee), Michael Benes, broke into the room where his employer’s representatives were situated and stated “You can take your proposal and shove it ** **** *** and fire me and I’ll see you in court.” He apparently felt the offer was too low. Not surprisingly, he was fired. ...
Most Influential Emotions on Social Networks Revealed
September 23, 2013
One well-known feature of social networks is that similar people tend to attract each other: birds of a feather flock together. So...
September 23, 2013
One well-known feature of social networks is that similar people tend to attract each other: birds of a feather flock together. So...
Detroit Bankruptcy Judge Appoints and Empowers Mediator Who Adds Additional Mediators
September 23, 2013
Emphasizing the desirability of consensual agreements between Detroit and its creditors compared to a unilateral plan, the federal bankruptcy judge overseeing the massive Detroit bankruptcy appointed another federal judge as the mediator to work with Detroit and its 100,000 creditors as they seek to address $18 billion of debt. The mediator, in turn, appointed a team of current and former federal judges from Michigan, Oregon, Colorado and Illinois, and has the authority to issue any order needed...
September 23, 2013
Emphasizing the desirability of consensual agreements between Detroit and its creditors compared to a unilateral plan, the federal bankruptcy judge overseeing the massive Detroit bankruptcy appointed another federal judge as the mediator to work with Detroit and its 100,000 creditors as they seek to address $18 billion of debt. The mediator, in turn, appointed a team of current and former federal judges from Michigan, Oregon, Colorado and Illinois, and has the authority to issue any order needed...
Texas Supreme Court Agrees to Hear Case Involving Arbitrator Disqualification
September 23, 2013
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas. The issue in the case is whether an arbitration award of more than $26 million should be vacated based on an arbitrator’s disqualification by the American Arbitration Association (AAA) where the parties’ agreement to select an arbitrator purportedly conflicts with AAA rules. ...
September 23, 2013
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas. The issue in the case is whether an arbitration award of more than $26 million should be vacated based on an arbitrator’s disqualification by the American Arbitration Association (AAA) where the parties’ agreement to select an arbitrator purportedly conflicts with AAA rules. ...
Is a Receiver Bound to Arbitration Agreement if Suing on Behalf of Creditors?
September 23, 2013
The 5th Circuit rarely lets parties out of contracts that mandate that their disputes be settled through binding arbitration. That could turn out to be true even for the federally appointed receiver who's seeking to recover the allegedly fraudulently transferred assets of convicted financier R. Allen Stanford and his related companies.
September 23, 2013
The 5th Circuit rarely lets parties out of contracts that mandate that their disputes be settled through binding arbitration. That could turn out to be true even for the federally appointed receiver who's seeking to recover the allegedly fraudulently transferred assets of convicted financier R. Allen Stanford and his related companies.
Why Silicon Valley’s Biggest Investors Are Betting on Alternative Legal Companies
September 22, 2013
U.S. lawyers know ABA Model Rule 5.4 prohibits them from sharing profits or forming partnerships with those who aren’t licensed to practice. In theory, this rule keeps the lawyering safely in the hands of the lawyers (and revenue from the practice of law safely ensconced at traditional law firms). But does it really? And do outsiders looking to invest huge sums of money in the legal profession—in hopes of huge gains—even have their sights set on traditional law firm profits? Not really....
September 22, 2013
U.S. lawyers know ABA Model Rule 5.4 prohibits them from sharing profits or forming partnerships with those who aren’t licensed to practice. In theory, this rule keeps the lawyering safely in the hands of the lawyers (and revenue from the practice of law safely ensconced at traditional law firms). But does it really? And do outsiders looking to invest huge sums of money in the legal profession—in hopes of huge gains—even have their sights set on traditional law firm profits? Not really....
