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Seventh Circuit Considers Diversity Jurisdiction in Trust Dispute
April 23, 2018
In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), Plaintiff Richard refused to play well with sister, Kathryn, in a family dispute over which sibling owned what property. He had, in fact, previously sued Kathryn regarding a family foundation in Doermer v. Callen, 847 F.3d 522 (7th Cir. 2017). In Doermer v. Callen, the Seventh Circuit upheld a lower court’s dismissal of the action on the grounds that Richard did not have capacity to bring a derivative action under...
April 23, 2018
In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), Plaintiff Richard refused to play well with sister, Kathryn, in a family dispute over which sibling owned what property. He had, in fact, previously sued Kathryn regarding a family foundation in Doermer v. Callen, 847 F.3d 522 (7th Cir. 2017). In Doermer v. Callen, the Seventh Circuit upheld a lower court’s dismissal of the action on the grounds that Richard did not have capacity to bring a derivative action under...
What Happens To Cryptocurrencies When You Die?
April 22, 2018
After death or at incapacity, an individual’s appointed executor, guardian, or agent may temporarily step in to manage...
April 22, 2018
After death or at incapacity, an individual’s appointed executor, guardian, or agent may temporarily step in to manage...
Apologies & Remedial Mismatches
April 22, 2018
While the context is admittedly horrific--victims of sexual abuse and the Catholic Church--data from the Netherlands, which in 2011 implemented a victim-friendly procedure for victims of sexual abuse by the Catholic Church, provide truly unique insights into "whether and how nonmonetary needs can be addressed within the context of tort law and compensation funds, as the decisions include information on why victims initiated the procedure and what types of relief (e.g., an apology, recognition of their...
April 22, 2018
While the context is admittedly horrific--victims of sexual abuse and the Catholic Church--data from the Netherlands, which in 2011 implemented a victim-friendly procedure for victims of sexual abuse by the Catholic Church, provide truly unique insights into "whether and how nonmonetary needs can be addressed within the context of tort law and compensation funds, as the decisions include information on why victims initiated the procedure and what types of relief (e.g., an apology, recognition of their...
Using Decision Tree Technology in Clinical Legal Education
April 21, 2018
This is a new article by Professor Timothy Tarvin (Arkansas) called Combating Professional Error in Bankruptcy Analysis...
April 21, 2018
This is a new article by Professor Timothy Tarvin (Arkansas) called Combating Professional Error in Bankruptcy Analysis...
Rise of the Robots Comes With Benefits and New Loss, Liability Scenarios
April 21, 2018
Today, “weak” or basic forms of AI are able to perform specific tasks, but future generations of “strong” AI applications will be capable of solving difficult problems and executing complex transactions. AI is finding users in almost every industry – from chatbots that offer financial advice to helping doctors diagnose cancer. Better weather prediction, financial transfers and oversight of industrial machinery also fall into the AI scope. According to Accenture, AI could double the annual...
April 21, 2018
Today, “weak” or basic forms of AI are able to perform specific tasks, but future generations of “strong” AI applications will be capable of solving difficult problems and executing complex transactions. AI is finding users in almost every industry – from chatbots that offer financial advice to helping doctors diagnose cancer. Better weather prediction, financial transfers and oversight of industrial machinery also fall into the AI scope. According to Accenture, AI could double the annual...
For Lance Armstrong, Backing Down Might Have Hurt More Than Paying $5 Million
April 20, 2018
Lance Armstrong just avoided a trial that could have ended with his financial ruin. He reached a settlement of $5 million, the amount his lawyers offered the federal government almost five years ago to make amends for Armstrong’s use of performance-enhancing drugs while he was sponsored by the United States Postal Service. In the end, a mediator told both sides that $5 million was the magic number. The government, which had demanded at least $10 million to settle, took that advice and gained...
April 20, 2018
Lance Armstrong just avoided a trial that could have ended with his financial ruin. He reached a settlement of $5 million, the amount his lawyers offered the federal government almost five years ago to make amends for Armstrong’s use of performance-enhancing drugs while he was sponsored by the United States Postal Service. In the end, a mediator told both sides that $5 million was the magic number. The government, which had demanded at least $10 million to settle, took that advice and gained...
Lance Armstrong Settles Federal Fraud Case for $5 Million
April 20, 2018
Lance Armstrong agreed on Thursday to pay $5 million to settle claims that he defrauded the federal government by using performance-enhancing drugs when the United States Postal Service sponsored his cycling team. The settlement ended years of legal wrangling between Armstrong and the government over whether the Postal Service had actually sustained harm because of Armstrong’s doping. Landis, who also doped during his cycling career and was stripped of the 2006 Tour de France title, will receive...
April 20, 2018
Lance Armstrong agreed on Thursday to pay $5 million to settle claims that he defrauded the federal government by using performance-enhancing drugs when the United States Postal Service sponsored his cycling team. The settlement ended years of legal wrangling between Armstrong and the government over whether the Postal Service had actually sustained harm because of Armstrong’s doping. Landis, who also doped during his cycling career and was stripped of the 2006 Tour de France title, will receive...
SCOTUS Stays Arbitrability Dispute in Antitrust Case
April 19, 2018
The Supreme Court has stayed further proceedings in Archer & Daniels Sales v. Henry Schein Inc., a dispute about the arbitrability of a substantial antitrust case about dental equipment. The application and response are an interesting window into this seldom-seen aspect of civil practice.
April 19, 2018
The Supreme Court has stayed further proceedings in Archer & Daniels Sales v. Henry Schein Inc., a dispute about the arbitrability of a substantial antitrust case about dental equipment. The application and response are an interesting window into this seldom-seen aspect of civil practice.
Separate the People from the Problem – or the Person from the Action. Strategy or Compassion? In Theory and in Practice
April 19, 2018
In some mediations, I ask myself why people so resolutely retain their anger, their bitterness, or their hurt for such long periods of time. Often mediation takes place only after a conflict has escalated and hardened and been going on for a while, in some cases many years. If feelings of anger and bitterness persist over years, I can’t help but feeling that this is a sad way to spend your life. And often, it is the people who have felt this way for a long time who do not leave mediation much changed,...
April 19, 2018
In some mediations, I ask myself why people so resolutely retain their anger, their bitterness, or their hurt for such long periods of time. Often mediation takes place only after a conflict has escalated and hardened and been going on for a while, in some cases many years. If feelings of anger and bitterness persist over years, I can’t help but feeling that this is a sad way to spend your life. And often, it is the people who have felt this way for a long time who do not leave mediation much changed,...
Article on The Timing of Testation
April 18, 2018
Mark Glover published an Article entitled, The Timing of Testation, Wills, Trusts, & Estates Law eJournal (2018). Provided...
April 18, 2018
Mark Glover published an Article entitled, The Timing of Testation, Wills, Trusts, & Estates Law eJournal (2018). Provided...
