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Getting Rid of those Amicus Blues
August 24, 2018
Good writing makes a world of difference in appellate practice. In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making. The Court receives briefs in large numbers, with amicus briefs leading the way. Cases with broad national repercussions may garner 100 amicus briefs or more (one example of a case with over 100 such briefs is Obergefell v. Hodges)....
August 24, 2018
Good writing makes a world of difference in appellate practice. In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making. The Court receives briefs in large numbers, with amicus briefs leading the way. Cases with broad national repercussions may garner 100 amicus briefs or more (one example of a case with over 100 such briefs is Obergefell v. Hodges)....
Global Lessons in Mandatory and Voluntary ADR Systems
August 24, 2018
The question of voluntary and mandatory ADR including arbitration has been a richly debated topic in many jurisdictions. Since the mid-twentieth century, the question of achieving procedural and substantive justice in the context of judicial dispute resolution has received significant attention beginning with the work of Owen Fiss and Lon Fuller who articulated early insights into the role, forms and limits of adjudication. Fiss argued that the purpose of adjudication is to provide a public forum...
August 24, 2018
The question of voluntary and mandatory ADR including arbitration has been a richly debated topic in many jurisdictions. Since the mid-twentieth century, the question of achieving procedural and substantive justice in the context of judicial dispute resolution has received significant attention beginning with the work of Owen Fiss and Lon Fuller who articulated early insights into the role, forms and limits of adjudication. Fiss argued that the purpose of adjudication is to provide a public forum...
Glen Campbell’s Children Have Right to Contest Wills that Cut Them Off Inheritance
August 23, 2018
Davidson Probate Judge David Randy Kennedy out of Nashville, Tennessee has ruled that three children of the late singer Glen Campbell have standing to contest two wills that disinherit them entirely. The wills are from 2001 and 2006. Travis, Kelli, and Wesley Campbell intend to argue that their father did not have the mental capability to execute wills and may have been under undue influence. Glen Campbell had been suffering from Alzheimer's before his passing on August 7, 2017. The 2006 will...
August 23, 2018
Davidson Probate Judge David Randy Kennedy out of Nashville, Tennessee has ruled that three children of the late singer Glen Campbell have standing to contest two wills that disinherit them entirely. The wills are from 2001 and 2006. Travis, Kelli, and Wesley Campbell intend to argue that their father did not have the mental capability to execute wills and may have been under undue influence. Glen Campbell had been suffering from Alzheimer's before his passing on August 7, 2017. The 2006 will...
Are Third-Party Funding Costs Recoverable in Arbitration?
August 23, 2018
Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding was at least a $10 billion industry in 2018 and is expected to continue growing. Funders are expanding beyond their wide acceptance in IP litigation into new markets like international arbitration and complex commercial litigation. For instance, a recent study by funder Burford...
August 23, 2018
Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding was at least a $10 billion industry in 2018 and is expected to continue growing. Funders are expanding beyond their wide acceptance in IP litigation into new markets like international arbitration and complex commercial litigation. For instance, a recent study by funder Burford...
Article on Undue Influence: The Gap Between Current Law and Scientific Approaches to Decision-Making and Persuasion
August 22, 2018
Dominic J. Campisi, Evan D. Winet, & Jake Calvert recently published an Article entitled, Undue Influence: The Gap Between...
August 22, 2018
Dominic J. Campisi, Evan D. Winet, & Jake Calvert recently published an Article entitled, Undue Influence: The Gap Between...
Second Circuit Vacates Order Denying Arbitration of Former Department Store Employee’s ADA Claims
August 22, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store. In Weiss v. Macy’s Retail Holdings, Inc., No. 17-2219 (2d Cir., July 12, 2018), a man with a learning disability, Weiss, was hired by Macy’s in 1997. In 2003, Macy’s instituted an employee dispute resolution process that required all disputes...
August 22, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store. In Weiss v. Macy’s Retail Holdings, Inc., No. 17-2219 (2d Cir., July 12, 2018), a man with a learning disability, Weiss, was hired by Macy’s in 1997. In 2003, Macy’s instituted an employee dispute resolution process that required all disputes...
Investment Arbitrations: Do Tribunals Take the Role of a Supra-National Appellate Court above National Courts?
August 21, 2018
The fact that a state can be held liable for its organs’ conduct is part of a wider notion that sees states as responsible for their internationally wrongful acts. This notion was codified in the ILC Articles of State Responsibility. Article 1 states that “every internationally wrongful act of a State entails the international responsibility of that State”. Article 4 continues by stating, inter alia, that “the conduct of any State organ shall be considered an act of that State under international...
August 21, 2018
The fact that a state can be held liable for its organs’ conduct is part of a wider notion that sees states as responsible for their internationally wrongful acts. This notion was codified in the ILC Articles of State Responsibility. Article 1 states that “every internationally wrongful act of a State entails the international responsibility of that State”. Article 4 continues by stating, inter alia, that “the conduct of any State organ shall be considered an act of that State under international...
Bexar County by the Numbers: Recent Bexar County District Court Statistics
August 21, 2018
For more than a decade, the San Antonio Lawyer has published statistics on Bexar County courts.[1] This article updates those reports and provides a free online tool allowing users to run customized trendlines and graphical reports on every Texas county in near real-time.[2] In addition to data regularly reported by all district and county clerks to the Texas Office of Court Administration (OCA) as required by statute since 2010, the Bexar County District Courts (BCDC) have collected additional workload...
August 21, 2018
For more than a decade, the San Antonio Lawyer has published statistics on Bexar County courts.[1] This article updates those reports and provides a free online tool allowing users to run customized trendlines and graphical reports on every Texas county in near real-time.[2] In addition to data regularly reported by all district and county clerks to the Texas Office of Court Administration (OCA) as required by statute since 2010, the Bexar County District Courts (BCDC) have collected additional workload...
How Concepcion and Italian Colors Affected Terms of Service Contracts in the Gig Economy
August 20, 2018
This study examines whether companies in the gig economy altered their contract terms following two landmark Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements: AT&T Mobility, LLC v. Concepcion and American Express v. Italian Colors Restaurant. Many of the companies in the study appear to have been influenced by the decisions. The study analyzes Terms of Service contracts from 38 gig companies between 2009 and 2016. Prior to 2012, only about...
August 20, 2018
This study examines whether companies in the gig economy altered their contract terms following two landmark Supreme Court decisions affirming the enforceability of class action waivers in arbitration agreements: AT&T Mobility, LLC v. Concepcion and American Express v. Italian Colors Restaurant. Many of the companies in the study appear to have been influenced by the decisions. The study analyzes Terms of Service contracts from 38 gig companies between 2009 and 2016. Prior to 2012, only about...
Supreme Court Upholds Changes to Beneficiaries Upon Divorce
August 20, 2018
From JD Supra: Married persons often name the other spouse as beneficiaries of their estate, life insurance, pensions, IRA’s,...
August 20, 2018
From JD Supra: Married persons often name the other spouse as beneficiaries of their estate, life insurance, pensions, IRA’s,...
