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Delegating Arbitrability To Arbitrator Is Effective In Denying Class Actions
June 26, 2018
I have been making my way through the rest of the May arbitration cases (the photo shows how high my stack got), and one thing that stands out is this: I was right. Delegation clauses remain a hot topic in arbitration law. Three recent cases demonstrate the power of having a delegation clause in an arbitration agreement. The Fifth Circuit enforced a delegation clause in Edwards v. DoorDash, 2018 WL 1954090 (5th Cir. Apr. 25, 2018), a case involving a putative FLSA class action brought...
June 26, 2018
I have been making my way through the rest of the May arbitration cases (the photo shows how high my stack got), and one thing that stands out is this: I was right. Delegation clauses remain a hot topic in arbitration law. Three recent cases demonstrate the power of having a delegation clause in an arbitration agreement. The Fifth Circuit enforced a delegation clause in Edwards v. DoorDash, 2018 WL 1954090 (5th Cir. Apr. 25, 2018), a case involving a putative FLSA class action brought...
“Trusting” the Expert
June 25, 2018
In an article entitled How Your Brain Can Trick You Into Trusting People, Tim Herrera discusses the shortcuts our brains take in everyday life to reach conclusion so that we can get through the day, otherwise known as unconscious biases. As an example, the author notes that if we enter a subway car that is empty, we may unconsciously draw the conclusion that there is a reason for this and so, we will move to the next car which is more crowded. (Id.) And, our brains are imbedded with unconscious...
June 25, 2018
In an article entitled How Your Brain Can Trick You Into Trusting People, Tim Herrera discusses the shortcuts our brains take in everyday life to reach conclusion so that we can get through the day, otherwise known as unconscious biases. As an example, the author notes that if we enter a subway car that is empty, we may unconsciously draw the conclusion that there is a reason for this and so, we will move to the next car which is more crowded. (Id.) And, our brains are imbedded with unconscious...
Public Litigation, Private Arbitration?
June 25, 2018
David L. Noll, Associate Professor of Law at Rutgers School of Law, has published an interesting article...
June 25, 2018
David L. Noll, Associate Professor of Law at Rutgers School of Law, has published an interesting article...
Now Cropping Up: Robo-Farming
June 24, 2018
The bright red, driverless tractor drags the tiller in a perfect line in a south Indian field, makes a turn at the edge of the property, encounters a test dummy and then stalls, not knowing what to do. India’s Mahindra & Mahindra , one of the biggest suppliers of smaller tractors to the U.S., and other manufacturers are racing to develop what they see as the future of farming: robo-tractors and other farming equipment to help produce more food, more sustainably at a lower cost. John...
June 24, 2018
The bright red, driverless tractor drags the tiller in a perfect line in a south Indian field, makes a turn at the edge of the property, encounters a test dummy and then stalls, not knowing what to do. India’s Mahindra & Mahindra , one of the biggest suppliers of smaller tractors to the U.S., and other manufacturers are racing to develop what they see as the future of farming: robo-tractors and other farming equipment to help produce more food, more sustainably at a lower cost. John...
Divorce Rate in Military
June 24, 2018
From Military.com: The overall divorce rate among both male and female service members held steady in fiscal 2017, marking the fourth year running that the rate has hovered between 3 percent and 3.1 percent. Read more here.
June 24, 2018
From Military.com: The overall divorce rate among both male and female service members held steady in fiscal 2017, marking the fourth year running that the rate has hovered between 3 percent and 3.1 percent. Read more here.
Note to Self: Learn, Unlearn & Repeat
June 23, 2018
To be successful, one must constantly learn and be open to learning. Not only do case law, statutes and regulations change all the time, technology has drastically changed how law is practiced and how a law office is run as a business. I was just telling my son the other day that in the late 1980’s attorneys were still researching the law “by hand” and Shepardizing cases to make sure cases were still good law based on a sliding scale of different-colored pamphlets to determine...
June 23, 2018
To be successful, one must constantly learn and be open to learning. Not only do case law, statutes and regulations change all the time, technology has drastically changed how law is practiced and how a law office is run as a business. I was just telling my son the other day that in the late 1980’s attorneys were still researching the law “by hand” and Shepardizing cases to make sure cases were still good law based on a sliding scale of different-colored pamphlets to determine...
Law Firm Survey Finds Optimism About Business Prospects
June 23, 2018
Together with the recent news that the number of LSAT test-takers increased dramatically from the previous year, this is similarly optimistic news. In a survey conducted last month by a legal software company called Aderant (and reported by The American Lawyer) of 138 legal professionals worldwide (though the respondents skewed heavily toward BigLaw), the majority said business is better this year compared to last. That optimistic outlook increased along with the firm size of the respondents....
June 23, 2018
Together with the recent news that the number of LSAT test-takers increased dramatically from the previous year, this is similarly optimistic news. In a survey conducted last month by a legal software company called Aderant (and reported by The American Lawyer) of 138 legal professionals worldwide (though the respondents skewed heavily toward BigLaw), the majority said business is better this year compared to last. That optimistic outlook increased along with the firm size of the respondents....
Lex Machina Launches Highly Anticipated Legal Analytics Module for Trade Secret Litigation
June 22, 2018
With the launch of its trade secret module, Lex Machina has uncovered some interesting insights within the data including: ...
June 22, 2018
With the launch of its trade secret module, Lex Machina has uncovered some interesting insights within the data including: ...
Non-Lawyer Advocates Representing Parties in Dispute Resolution
June 22, 2018
Elayne E. Greenberg, Assistant Dean for Dispute Resolution, Professor of Legal Practice, and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law, has written an interesting article titled “Acts Like a Lawyer, Talks Like a Lawyer… Non-Lawyer Advocates Representing Parties in Dispute Resolution,” NYSBA New York Dispute Resolution Lawyer, Vol. 11, No. 1 (Spring 2018); St. John’s Legal Studies Research Paper 18-0011 (May 21, 2018). ...
June 22, 2018
Elayne E. Greenberg, Assistant Dean for Dispute Resolution, Professor of Legal Practice, and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law, has written an interesting article titled “Acts Like a Lawyer, Talks Like a Lawyer… Non-Lawyer Advocates Representing Parties in Dispute Resolution,” NYSBA New York Dispute Resolution Lawyer, Vol. 11, No. 1 (Spring 2018); St. John’s Legal Studies Research Paper 18-0011 (May 21, 2018). ...
Trickle Down Arbitration-omics
June 21, 2018
Lots of folks are writing about the long-term impact of SCOTUS’s recent decision in Epic Systems, but it is also important to note that there has been immediate, short-term impact. For example, a lead plaintiff agreed to take her sex discrimination case against a law firm to individual arbitration, abandoning her putative class action, after the Epic decision was released. A federal judge is ready to dismiss a separate class action against Epic Systems (regarding overtime pay) as a result...
June 21, 2018
Lots of folks are writing about the long-term impact of SCOTUS’s recent decision in Epic Systems, but it is also important to note that there has been immediate, short-term impact. For example, a lead plaintiff agreed to take her sex discrimination case against a law firm to individual arbitration, abandoning her putative class action, after the Epic decision was released. A federal judge is ready to dismiss a separate class action against Epic Systems (regarding overtime pay) as a result...
