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Dealing with Discrepancy in Enforcement Requirements between the New York Convention and the Domestic Arbitration Act
August 17, 2017
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”) must mandate the enforcement of foreign awards under the New York Convention alone? With the convergence...
August 17, 2017
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”) must mandate the enforcement of foreign awards under the New York Convention alone? With the convergence...
Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted
August 17, 2017
When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new level in conceiving the former question, and apparently suffered some uncertainty regarding the latter, when it issued its memorandum decision in Varela v. Lamps Plus, Inc., No. 16-56085 (Aug. 3, 2017). In Lamps Plus, the Court of Appeals affirmed a District...
August 17, 2017
When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new level in conceiving the former question, and apparently suffered some uncertainty regarding the latter, when it issued its memorandum decision in Varela v. Lamps Plus, Inc., No. 16-56085 (Aug. 3, 2017). In Lamps Plus, the Court of Appeals affirmed a District...
Corpus Christi Court Upholds Undue Influence Verdict
August 17, 2017
A Corpus Christi Court of Appeals upheld a lower court’s jury verdict denying probate of a will based on allegations of undue...
August 17, 2017
A Corpus Christi Court of Appeals upheld a lower court’s jury verdict denying probate of a will based on allegations of undue...
With New Website, SCOTUS Readies to Make All Filings Available Online
August 16, 2017
The Supreme Court launched a new website last week, providing various usability enhancements and, more significantly, laying the groundwork for an electronic filing system that will begin operation on Nov. 13. Once the new e-filing system is in place, virtually all new filings will be accessible through the site without cost to the public and legal community, the court said in an announcement. Initially, the court will require all parties to continue filing documents in hard copy. But parties...
August 16, 2017
The Supreme Court launched a new website last week, providing various usability enhancements and, more significantly, laying the groundwork for an electronic filing system that will begin operation on Nov. 13. Once the new e-filing system is in place, virtually all new filings will be accessible through the site without cost to the public and legal community, the court said in an announcement. Initially, the court will require all parties to continue filing documents in hard copy. But parties...
Fort Worth Appeals Court Allows Class Action Against Roofer in Hail Damage Solicitation
August 16, 2017
Contractors acting as public adjusters illegally could face class action lawsuits, according to a new decision by a Texas appeals court. The finding could result in a pool of 3000 affected customers of A-1 Roofing. The decision stems from an underlying case involving damage to the plaintiffs’ roof due to a May 2011 hailstorm. The plaintiffs notified their insurance carrier and signed a contract with A-1 (also known as Lon Smith Roofing and Construction) for roof replacement in the amount...
August 16, 2017
Contractors acting as public adjusters illegally could face class action lawsuits, according to a new decision by a Texas appeals court. The finding could result in a pool of 3000 affected customers of A-1 Roofing. The decision stems from an underlying case involving damage to the plaintiffs’ roof due to a May 2011 hailstorm. The plaintiffs notified their insurance carrier and signed a contract with A-1 (also known as Lon Smith Roofing and Construction) for roof replacement in the amount...
Article on Probate Funding and the Litigation Funding Debate
August 16, 2017
Jeremy Kidd recently published an Article entitled, Probate Funding and the Litigation Funding Debate, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Third-party funding of legal claims is becoming more common, and has been quietly gaining a foothold in the probate arena. Probate funding, the transaction in which a third party purchases the right to some portion of an heir’s interest in an estate, shares many characteristics with broader litigation...
August 16, 2017
Jeremy Kidd recently published an Article entitled, Probate Funding and the Litigation Funding Debate, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Third-party funding of legal claims is becoming more common, and has been quietly gaining a foothold in the probate arena. Probate funding, the transaction in which a third party purchases the right to some portion of an heir’s interest in an estate, shares many characteristics with broader litigation...
The Reliability of Federal Civil Data–NOS Coding
August 15, 2017
In The Use and Reliability of Federal Nature of Suit Codes, Christina Boyd (Georgia--Poli Sci) and David Hoffman (Penn)...
August 15, 2017
In The Use and Reliability of Federal Nature of Suit Codes, Christina Boyd (Georgia--Poli Sci) and David Hoffman (Penn)...
Can a Court Change the Law by Saying Nothing?
August 15, 2017
Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court’s 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law’s patentable subject matter requirement. Our dataset includes each one of the Federal Circuit’s more than 100 decisions on patentable subject matter in the three...
August 15, 2017
Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court’s 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law’s patentable subject matter requirement. Our dataset includes each one of the Federal Circuit’s more than 100 decisions on patentable subject matter in the three...
Where Might Ambiguity Add Value?
August 15, 2017
The value of ambiguity would appear to lie in the furtherance of mutual and varied interests and the framing of stories to go alongside. Which is where the lessons of mediation come in. At the core of any mediation process is the need to help parties facing difficult situations explore their own and others’ interests and needs, along with options for meeting them, in a way that helps all. To do this requires moving away from fixed (and probably very clear) positions that may have been adopted...
August 15, 2017
The value of ambiguity would appear to lie in the furtherance of mutual and varied interests and the framing of stories to go alongside. Which is where the lessons of mediation come in. At the core of any mediation process is the need to help parties facing difficult situations explore their own and others’ interests and needs, along with options for meeting them, in a way that helps all. To do this requires moving away from fixed (and probably very clear) positions that may have been adopted...
When and Why Defaults Influence Decisions: A Meta-Analysis of Default Effects
August 14, 2017
When people make decisions with an implicitly or explicitly pre-selected option — a “default” — they are more likely...
August 14, 2017
When people make decisions with an implicitly or explicitly pre-selected option — a “default” — they are more likely...
