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International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources
October 19, 2018
Caroline L. Osborne, Associate Professor of Law and Library Director at the West Virginia University College of Law, has published a useful research tool titled, “International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources,” International Journal of Legal Information (forthcoming); WVU College of Law Research Paper No. 2018-004. In her journal article, Professor Osborne “discusses web-based sources of interest to scholars and practitioners in the area...
October 19, 2018
Caroline L. Osborne, Associate Professor of Law and Library Director at the West Virginia University College of Law, has published a useful research tool titled, “International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources,” International Journal of Legal Information (forthcoming); WVU College of Law Research Paper No. 2018-004. In her journal article, Professor Osborne “discusses web-based sources of interest to scholars and practitioners in the area...
Towards a Better Understanding of Lawyers’ Judgmental Biases in Client Representation: The Role of Need for Cognitive Closure
October 18, 2018
Previous research demonstrates that lawyers and law students are, on average, prone to overconfidence bias and self-serving judgments of fairness when they take on a representative lawyering role. This is the first study to investigate individual differences in susceptibility to these biases. Expanding on two previous experiments (Loewenstein, et al., 1993; Babcock, Loewenstein & Issacharoff, 1998), and utilizing as our sample 468 law students from twelve geographically diverse U.S. law schools,...
October 18, 2018
Previous research demonstrates that lawyers and law students are, on average, prone to overconfidence bias and self-serving judgments of fairness when they take on a representative lawyering role. This is the first study to investigate individual differences in susceptibility to these biases. Expanding on two previous experiments (Loewenstein, et al., 1993; Babcock, Loewenstein & Issacharoff, 1998), and utilizing as our sample 468 law students from twelve geographically diverse U.S. law schools,...
Houston COA Holds Administrator Not Bound by Will’s Arbitration Provision
October 18, 2018
A Houston appeals court has ruled that the administrator of an estate is not bound by an arbitration clause that was contained...
October 18, 2018
A Houston appeals court has ruled that the administrator of an estate is not bound by an arbitration clause that was contained...
How to Optimize Your Apology
October 17, 2018
Our latest Freakonomics Radio episode is called “How to Optimize Your Apology.” (You can subscribe to the podcast at Apple Podcasts, Stitcher, or elsewhere, get the RSS feed, or listen via the media player above.) You said, “I’m sorry,” but somehow you haven’t been forgiven. Why? Because you’re doing it wrong! A report from the front lines of apology science. Below is a transcript of the episode, modified for your reading pleasure. For more information on the people and ideas...
October 17, 2018
Our latest Freakonomics Radio episode is called “How to Optimize Your Apology.” (You can subscribe to the podcast at Apple Podcasts, Stitcher, or elsewhere, get the RSS feed, or listen via the media player above.) You said, “I’m sorry,” but somehow you haven’t been forgiven. Why? Because you’re doing it wrong! A report from the front lines of apology science. Below is a transcript of the episode, modified for your reading pleasure. For more information on the people and ideas...
Lex Machina’s First Annual Insurance Litigation Report Reveals Distinct Case Filing Trends
October 17, 2018
Automobile Claims Up 39% From 2009-2017 While Uninsured/Underinsured Motorist Claims Double; Life Insurance Claims Fell 20%; Homeowner Claims Rose 80%, Hidden By Hurricane-Related Claims The Insurance Litigation report showcases data and trends involving disputes between an insurer and a policyholder, a beneficiary, or another insurer asserting the rights of a policyholder. The report includes analytics from both the broad Insurance data set as well as five common insurance types: Automobile,...
October 17, 2018
Automobile Claims Up 39% From 2009-2017 While Uninsured/Underinsured Motorist Claims Double; Life Insurance Claims Fell 20%; Homeowner Claims Rose 80%, Hidden By Hurricane-Related Claims The Insurance Litigation report showcases data and trends involving disputes between an insurer and a policyholder, a beneficiary, or another insurer asserting the rights of a policyholder. The report includes analytics from both the broad Insurance data set as well as five common insurance types: Automobile,...
CourtStatPack.com Graphs Trends in Texas Trial Court Statistics
October 16, 2018
Civil and Family Filings Level While Jury Trials Trend Downward SAN ANTONIO, Oct. 16, 2018 /PRNewswire/ -- Civil and family court filings in Texas have remained relatively stable during the time the Texas Office of Court Administration (OCA) has compiled data from district and county clerks in its current form (September 2010 to present). CourtStatPack.com presents OCA data in easily customizable graphs to visualize trends across the reporting period. It not only presents...
October 16, 2018
Civil and Family Filings Level While Jury Trials Trend Downward SAN ANTONIO, Oct. 16, 2018 /PRNewswire/ -- Civil and family court filings in Texas have remained relatively stable during the time the Texas Office of Court Administration (OCA) has compiled data from district and county clerks in its current form (September 2010 to present). CourtStatPack.com presents OCA data in easily customizable graphs to visualize trends across the reporting period. It not only presents...
Fifth Circuit Affirms Vacatur After Arbitrator Exceeded His Authority
October 16, 2018
The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies. In Hebbronville Lone Star Rentals, LLC v. Sunbelt Rentals Industrial Services, LLC, No. 17-50613 (5th Cir. August 6, 2018), an equipment rental company, Lone Star, sold its assets, contracts, and customer lists to Sunbelt for $25 million plus three subsequent contingent payments based on a formula that considered Sunbelt’s...
October 16, 2018
The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies. In Hebbronville Lone Star Rentals, LLC v. Sunbelt Rentals Industrial Services, LLC, No. 17-50613 (5th Cir. August 6, 2018), an equipment rental company, Lone Star, sold its assets, contracts, and customer lists to Sunbelt for $25 million plus three subsequent contingent payments based on a formula that considered Sunbelt’s...
El Paso COA Affirms Trial Court’s Order Denying Arbitration
October 15, 2018
Texas’ Eighth District Court of Appeals in El Paso has affirmed a trial court’s order stating two companies did not agree to exclusively arbitrate their claims against one another under Delaware law. In Encore Enterprises, Inc., et al. v. Borderplex Realty Trust, et al., No. 08-17-00134-CV (September 28, 2018), two real estate investment companies, Encore and Borderplex, signed a Contribution Agreement to jointly develop, fund, and manage multi-family properties. The Contribution Agreement...
October 15, 2018
Texas’ Eighth District Court of Appeals in El Paso has affirmed a trial court’s order stating two companies did not agree to exclusively arbitrate their claims against one another under Delaware law. In Encore Enterprises, Inc., et al. v. Borderplex Realty Trust, et al., No. 08-17-00134-CV (September 28, 2018), two real estate investment companies, Encore and Borderplex, signed a Contribution Agreement to jointly develop, fund, and manage multi-family properties. The Contribution Agreement...
Google Successfully Amends Its AdWords TOS to Add Arbitration Clause–Trudeau v. Google
October 15, 2018
The court explained how Google purported to impose the new terms on advertisers: Google gave notice of the 2017 TOS to the AdWords advertisers through multiple means, including through a direct email to the advertisers, a public blog post, and an alert on the advertisers’ AdWords account. Each notice directed the advertisers to a webpage where they could review and accept the modified terms, which were displayed in a single embedded window. Above the TOS window was the following admonition: “Please...
October 15, 2018
The court explained how Google purported to impose the new terms on advertisers: Google gave notice of the 2017 TOS to the AdWords advertisers through multiple means, including through a direct email to the advertisers, a public blog post, and an alert on the advertisers’ AdWords account. Each notice directed the advertisers to a webpage where they could review and accept the modified terms, which were displayed in a single embedded window. Above the TOS window was the following admonition: “Please...
How Data is Helping Us Unravel the Mysteries of the Brain
October 14, 2018
Geneticist Steve McCarroll wants to make an atlas of all the cells in the human body so that we can understand in precise...
October 14, 2018
Geneticist Steve McCarroll wants to make an atlas of all the cells in the human body so that we can understand in precise...
