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What Happens to Your Points and Miles After You Die?
July 20, 2018
Anthony Bourdain remains in the headlines, even a month after his tragic suicide in a hotel suite in France. The cause of the stir in the public eye pertains to his will: he left his frequent flier miles to his wife, a piece of property that in reality is not his but rather still owned by the airline company. How can he do that? And what do the numerous airlines say about transferring frequent flier miles and points after one's death? Surprisingly, many airlines do not have a problem transferring...
July 20, 2018
Anthony Bourdain remains in the headlines, even a month after his tragic suicide in a hotel suite in France. The cause of the stir in the public eye pertains to his will: he left his frequent flier miles to his wife, a piece of property that in reality is not his but rather still owned by the airline company. How can he do that? And what do the numerous airlines say about transferring frequent flier miles and points after one's death? Surprisingly, many airlines do not have a problem transferring...
Getting Out of the Way of A Settlement
July 20, 2018
Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a lot of things can happen. First, the parties will have appeared before a judge and gotten a flavor for how the judge will rule and what the judge thinks of each parties’...
July 20, 2018
Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a lot of things can happen. First, the parties will have appeared before a judge and gotten a flavor for how the judge will rule and what the judge thinks of each parties’...
Zamir and Teichman on Behavioral Law & Economics
July 19, 2018
Eyal Zamir and Doron Teichman (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law) have posted Behavioral Law and Economics - Introduction (Behavioral Law and Economics, Oxford University Press, 2018) on SSRN. Here is the abstract: In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality....
July 19, 2018
Eyal Zamir and Doron Teichman (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law) have posted Behavioral Law and Economics - Introduction (Behavioral Law and Economics, Oxford University Press, 2018) on SSRN. Here is the abstract: In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality....
English Justice for an American Company?
July 19, 2018
Christopher C. French, Professor of Practice at Penn State Law, has published “English Justice for an American Company?,” 97 Tex. L. Rev. Online __ (2018). In his scholarly work, Professor French discusses arbitrator neutrality in the context of a United Kingdom insurance dispute related to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. Here is the abstract: This Essay addresses the Halliburton Co. v. Chubb Bermuda Insurance Ltd. case, which is pending...
July 19, 2018
Christopher C. French, Professor of Practice at Penn State Law, has published “English Justice for an American Company?,” 97 Tex. L. Rev. Online __ (2018). In his scholarly work, Professor French discusses arbitrator neutrality in the context of a United Kingdom insurance dispute related to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. Here is the abstract: This Essay addresses the Halliburton Co. v. Chubb Bermuda Insurance Ltd. case, which is pending...
There is no Cause of Action in Texas for Intentional Interference with an Inheritance
July 18, 2018
On June 22, 2018, the Texas Supreme Court ruled on Archer v Anderson, No. 16-0256, 2018 Tex. LEXIS 611. Provided below is a summary of the case. Richard Archer and Richard’s six children (the Archers) brought this action against Ted Anderson’s estate for intentional interference with their inheritance, alleging that Anderson influenced Jack Archer to disinherit them. The jury found in favor of the Archers. On appeal, the court of appeals concluded that the Supreme Court has never recognized...
July 18, 2018
On June 22, 2018, the Texas Supreme Court ruled on Archer v Anderson, No. 16-0256, 2018 Tex. LEXIS 611. Provided below is a summary of the case. Richard Archer and Richard’s six children (the Archers) brought this action against Ted Anderson’s estate for intentional interference with their inheritance, alleging that Anderson influenced Jack Archer to disinherit them. The jury found in favor of the Archers. On appeal, the court of appeals concluded that the Supreme Court has never recognized...
Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement
July 18, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate. In Huckaba v. Ref-Chem, L.P., No. 17-50341 (5th Cir. June 11, 2018), a woman, Huckaba, signed an arbitration agreement that waived her right to sue Ref-Chem L.P. prior to beginning employment with the company. The agreement included a signature box for Ref-Chem...
July 18, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate. In Huckaba v. Ref-Chem, L.P., No. 17-50341 (5th Cir. June 11, 2018), a woman, Huckaba, signed an arbitration agreement that waived her right to sue Ref-Chem L.P. prior to beginning employment with the company. The agreement included a signature box for Ref-Chem...
Buying the Verdict
July 17, 2018
OVERVIEW — This paper documents systematic evidence that firms engage in specialized, locally targeted advertising when...
July 17, 2018
OVERVIEW — This paper documents systematic evidence that firms engage in specialized, locally targeted advertising when...
First Circuit Holds Uber’s Online Mandatory Arbitration Clause is Unenforceable
July 17, 2018
The United States Court of Appeals for the First Circuit has ruled that an arbitration clause contained in a ride-sharing app company’s online contract is unenforceable under Massachusetts law. In Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. June 25, 2018), several new Uber customers downloaded the company’s ride-sharing app to their cell phone in order to secure transportation to Boston’s Logan International Airport. In order to use the transportation app, the new customers...
July 17, 2018
The United States Court of Appeals for the First Circuit has ruled that an arbitration clause contained in a ride-sharing app company’s online contract is unenforceable under Massachusetts law. In Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. June 25, 2018), several new Uber customers downloaded the company’s ride-sharing app to their cell phone in order to secure transportation to Boston’s Logan International Airport. In order to use the transportation app, the new customers...
Executors Can Count On Long, Arduous Estate Settlements
July 16, 2018
The typical size of an estate at time of settlement is between $50,000 and $250,000, with about 11% falling below $10,000...
July 16, 2018
The typical size of an estate at time of settlement is between $50,000 and $250,000, with about 11% falling below $10,000...
A Proposal: Adopt a “Clear and Unmistakable” Standard to Determine If Parties Have Agreed to “Class Arbitration”
July 16, 2018
The U.S. Supreme Court has ruled that “class arbitration” may be permitted if an arbitration agreement authorizes it, Stolt-Nielsen...
July 16, 2018
The U.S. Supreme Court has ruled that “class arbitration” may be permitted if an arbitration agreement authorizes it, Stolt-Nielsen...
