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Effective Paperwork in Mediation
April 18, 2018
So, while the papers produced for mediation are not usually the first opportunity each party has to see how the dispute is approached by others, those papers, and in particular the position papers, are hugely important and becoming more so – especially given the trend for commercial parties to have less contact time as they spend little time together in joint and more time apart in caucus on mediation day. Paper can therefore sometimes be the primary way in which parties communicate the entirety...
April 18, 2018
So, while the papers produced for mediation are not usually the first opportunity each party has to see how the dispute is approached by others, those papers, and in particular the position papers, are hugely important and becoming more so – especially given the trend for commercial parties to have less contact time as they spend little time together in joint and more time apart in caucus on mediation day. Paper can therefore sometimes be the primary way in which parties communicate the entirety...
State Farm: Top 10 States for Homeowner Hail Damage Claims
April 17, 2018
With an average of 3,000 hailstorms annually in the United States, it’s no surprise that in 2017, State Farm paid more than $3 billion in hail claims to homeowners in the U.S. Hailstorms often occur with thunderstorms, tornadoes, and other wind events and can cause millions of dollars in property damage to cars and homes. According to the national insurer, the top 10 states for hail-related losses in 2017 in order of severity are: Texas Illinois Minnesota Colorado Missouri ...
April 17, 2018
With an average of 3,000 hailstorms annually in the United States, it’s no surprise that in 2017, State Farm paid more than $3 billion in hail claims to homeowners in the U.S. Hailstorms often occur with thunderstorms, tornadoes, and other wind events and can cause millions of dollars in property damage to cars and homes. According to the national insurer, the top 10 states for hail-related losses in 2017 in order of severity are: Texas Illinois Minnesota Colorado Missouri ...
Second Circuit Puts Out Simultaneous Class Arbitration Opinions
April 17, 2018
Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to arbitrators, and the second addresses when bankruptcy law can preempt the federal arbitration act. In Wells Fargo Advisors, LLC v. Sappington, 2018 WL 1177230 (2d Cir. March 7, 2018), a putative class of former Wells Fargo employees brought suit for unpaid overtime (FLSA)....
April 17, 2018
Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to arbitrators, and the second addresses when bankruptcy law can preempt the federal arbitration act. In Wells Fargo Advisors, LLC v. Sappington, 2018 WL 1177230 (2d Cir. March 7, 2018), a putative class of former Wells Fargo employees brought suit for unpaid overtime (FLSA)....
Rule, Please
April 16, 2018
In In re Drummond, the Fifth Circuit granted a writ of mandamus to require a trial court ruling on two long-dormant motions. It reasoned: “‘A writ of mandamus may issue only if (1) the petitioner has “no other adequate means” to attain the desired relief; (2) the petitioner has demonstrated a right to the issuance of a writ that is “clear and indisputable;” and (3) the issuing court, in the exercise of its discretion, is satisfied that the writ is “appropriate under the circumstances.”‘ In...
April 16, 2018
In In re Drummond, the Fifth Circuit granted a writ of mandamus to require a trial court ruling on two long-dormant motions. It reasoned: “‘A writ of mandamus may issue only if (1) the petitioner has “no other adequate means” to attain the desired relief; (2) the petitioner has demonstrated a right to the issuance of a writ that is “clear and indisputable;” and (3) the issuing court, in the exercise of its discretion, is satisfied that the writ is “appropriate under the circumstances.”‘ In...
Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card
April 16, 2018
A new Seventh Circuit case answers the age-old question: if a fourteen-year-old swipes her mom’s credit card to complete a smoothie purchase at the mall, is she bound to the credit card agreement? The case, A.D. v. Credit One Bank, N.A., __ F.3d __, 2018 WL 1414907 (Mar. 22. 2018), addressed whether the lead plaintiff in a putative TCPA class action was bound to an arbitration agreement. The lead plaintiff was a teenager when the case was filed, and she alleged that the defendant bank called...
April 16, 2018
A new Seventh Circuit case answers the age-old question: if a fourteen-year-old swipes her mom’s credit card to complete a smoothie purchase at the mall, is she bound to the credit card agreement? The case, A.D. v. Credit One Bank, N.A., __ F.3d __, 2018 WL 1414907 (Mar. 22. 2018), addressed whether the lead plaintiff in a putative TCPA class action was bound to an arbitration agreement. The lead plaintiff was a teenager when the case was filed, and she alleged that the defendant bank called...
We’re Teaching Grit the Wrong Way
April 15, 2018
This is an article worth reading in the Chronicle of Higher Ed by David DeSteno, a professor of psychology at Northeastern...
April 15, 2018
This is an article worth reading in the Chronicle of Higher Ed by David DeSteno, a professor of psychology at Northeastern...
Law School Applicants From Top Colleges Decreased 7% In 2017, Down 45% Since 2008
April 15, 2018
Back in 2013, I was the first person to notice students graduating from the top universities in the country were avoiding law school in droves. ... Graduating students from the top universities in the country applying to law schools dropped 6.7% from 2016 to 2017. Since 2008, applicants are down a staggering 44.9%. More graduates from Columbia (4.9%), Stanford (4.6%), and Princeton (2.7%) applied to law school in 2017 compared to 2016; Duke (16.1%), Brown (15.6%), and Penn (12.4%) experienced...
April 15, 2018
Back in 2013, I was the first person to notice students graduating from the top universities in the country were avoiding law school in droves. ... Graduating students from the top universities in the country applying to law schools dropped 6.7% from 2016 to 2017. Since 2008, applicants are down a staggering 44.9%. More graduates from Columbia (4.9%), Stanford (4.6%), and Princeton (2.7%) applied to law school in 2017 compared to 2016; Duke (16.1%), Brown (15.6%), and Penn (12.4%) experienced...
Syllabus Surgery: Integrating Arbitration and Mediation into Modern Curricula
April 14, 2018
The contributors to this excellent symposium on the Future of Legal Education have proposed large-scale changes to the ways that law schools are organized and the ways that law schools teach. My suggestion is more humble: Schools must do a better job of reflecting the dramatically heightened place of arbitration and mediation in modern legal practice. Arbitration and mediation have traditionally been viewed as elective courses. Sometimes they are lumped together into a single course, called something...
April 14, 2018
The contributors to this excellent symposium on the Future of Legal Education have proposed large-scale changes to the ways that law schools are organized and the ways that law schools teach. My suggestion is more humble: Schools must do a better job of reflecting the dramatically heightened place of arbitration and mediation in modern legal practice. Arbitration and mediation have traditionally been viewed as elective courses. Sometimes they are lumped together into a single course, called something...
Farkas on Legal Education
April 14, 2018
Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.
April 14, 2018
Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.
2018 US News Rankings
April 13, 2018
Here they are, this year’s US News Rankings for dispute resolution programs. Unlike the rankings for law schools, these are voted on by law school faculty – consider them reputational rankings. Congratulations to all ! Rank School Name 1 Pepperdine University 2 Ohio State University (Moritz) 3 Harvard University 4 Mitchell Hamline School of Law 5 University of Missouri 6 Marquette University 7 Arizona State University (O’Connor) 8 University...
April 13, 2018
Here they are, this year’s US News Rankings for dispute resolution programs. Unlike the rankings for law schools, these are voted on by law school faculty – consider them reputational rankings. Congratulations to all ! Rank School Name 1 Pepperdine University 2 Ohio State University (Moritz) 3 Harvard University 4 Mitchell Hamline School of Law 5 University of Missouri 6 Marquette University 7 Arizona State University (O’Connor) 8 University...
