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Consumer Litigation Funding and Medical Malpractice Litigation
November 17, 2017
Consumer litigation funding, a growing industry in the United States, is an alternative credit source for cash-strapped tort plaintiffs. Financiers give plaintiffs nonrecourse loans that are premised on lawsuit outcomes. This article is the first to empirically examine the effect of consumer litigation funding. Specifically, I explore the impact of nonrecourse loans on medical malpractice litigation outcomes by exploiting the variation in timing and geography from two Ohio policy changes: the Ohio...
November 17, 2017
Consumer litigation funding, a growing industry in the United States, is an alternative credit source for cash-strapped tort plaintiffs. Financiers give plaintiffs nonrecourse loans that are premised on lawsuit outcomes. This article is the first to empirically examine the effect of consumer litigation funding. Specifically, I explore the impact of nonrecourse loans on medical malpractice litigation outcomes by exploiting the variation in timing and geography from two Ohio policy changes: the Ohio...
How Does A Lawyer Get and Stay Competent in Technology?
November 17, 2017
I’ve written any number of posts about the duty of technology competence under ABA Model Rule 1.1, Comment 8, and I’ve been tracking its adoption by the states. But one aspect of this duty that does not get as much attention is how lawyers can get and remain technologically competent. There have been several developments on this front, including news over the past week of two more initiatives that should further promote technology competence among legal professionals. One is online training...
November 17, 2017
I’ve written any number of posts about the duty of technology competence under ABA Model Rule 1.1, Comment 8, and I’ve been tracking its adoption by the states. But one aspect of this duty that does not get as much attention is how lawyers can get and remain technologically competent. There have been several developments on this front, including news over the past week of two more initiatives that should further promote technology competence among legal professionals. One is online training...
Draft Report Of The International Council For Commercial Arbitration On 3rd Party Funding
November 16, 2017
The Draft Report of the International Council for Commercial Arbitration and the Queen Mary University of London Task Force on Third-Party Funding in International Arbitration: What You Need to Know The international arbitration community has been a leader in the adoption and evolution of third-party funding. Continuing that trend, The International Council for Commercial Arbitration (“ICCA”) partnered with Queen Mary University of London (“QMUL”) in 2013 to establish a task force...
November 16, 2017
The Draft Report of the International Council for Commercial Arbitration and the Queen Mary University of London Task Force on Third-Party Funding in International Arbitration: What You Need to Know The international arbitration community has been a leader in the adoption and evolution of third-party funding. Continuing that trend, The International Council for Commercial Arbitration (“ICCA”) partnered with Queen Mary University of London (“QMUL”) in 2013 to establish a task force...
Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act
November 16, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written...
November 16, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written...
DC Court Refuses to Seal Petition to Confirm Arbitration Award
November 15, 2017
The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits. In XPO Intermodal, Inc. v. American President Lines, Ltd., No. 17-2015 (PLF) (D. D.C., October 16, 2017), XPO Intermodal argued the documents should be sealed in order to protect confidential terms and highly sensitive business information. The district court was not persuaded, however, and stated “applicant’s motion...
November 15, 2017
The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits. In XPO Intermodal, Inc. v. American President Lines, Ltd., No. 17-2015 (PLF) (D. D.C., October 16, 2017), XPO Intermodal argued the documents should be sealed in order to protect confidential terms and highly sensitive business information. The district court was not persuaded, however, and stated “applicant’s motion...
The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence
November 15, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) – School of Law, has published “The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41. In her journal article, Professor Stone examines the implications of the many United...
November 15, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) – School of Law, has published “The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41. In her journal article, Professor Stone examines the implications of the many United...
Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred
November 14, 2017
If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed? Often, they find a way to stick to their guns. We already saw that once in 2017, when Hawaii affirmed its arbitration decision, despite the GVR from SCOTUS. ...
November 14, 2017
If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed? Often, they find a way to stick to their guns. We already saw that once in 2017, when Hawaii affirmed its arbitration decision, despite the GVR from SCOTUS. ...
Deregulating Arbitration
November 14, 2017
David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming. In his journal article, Professor Noll examines efforts made by the current presidential administration to rollback certain federal agency arbitration regulations. Here is the abstract: In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies...
November 14, 2017
David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming. In his journal article, Professor Noll examines efforts made by the current presidential administration to rollback certain federal agency arbitration regulations. Here is the abstract: In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies...
Support for Sutherland Springs
November 13, 2017
Eight days ago, tragedy struck Wilson County. This weekend, even while some victims remained in the hospital, the families and friends of those lost at the First Baptist Church in Sutherland Springs began to bury their loved ones. I write today to let you know what the San Antonio Bar Association is doing to help and to ask you to join us in these efforts. According to the State Bar, there are 34 active attorneys in all of Wilson County and only one in Sutherland...
November 13, 2017
Eight days ago, tragedy struck Wilson County. This weekend, even while some victims remained in the hospital, the families and friends of those lost at the First Baptist Church in Sutherland Springs began to bury their loved ones. I write today to let you know what the San Antonio Bar Association is doing to help and to ask you to join us in these efforts. According to the State Bar, there are 34 active attorneys in all of Wilson County and only one in Sutherland...
The Arbitration Resistance May Look Like This…
November 13, 2017
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they...
November 13, 2017
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they...
