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If Only…?
August 11, 2017
But, most of us (including me) do not realize that we are participating in an “undoing” mind game. I realized it only...
August 11, 2017
But, most of us (including me) do not realize that we are participating in an “undoing” mind game. I realized it only...
Article on Estate Planning Highlights of the 2017 Texas Legislature
August 10, 2017
Gerry W. Beyer recently published an Article entitled, Estate Planning Highlights of the 2017 Texas Legislature, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: This article reviews the highlights of the legislation enacted by the 2017 Texas Legislature relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School)...
August 10, 2017
Gerry W. Beyer recently published an Article entitled, Estate Planning Highlights of the 2017 Texas Legislature, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: This article reviews the highlights of the legislation enacted by the 2017 Texas Legislature relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School)...
Great Bibliography of Recent Empirical Research on ADR
August 10, 2017
Beginning in summer 2013, Donna Steinstra and I have co-edited Research Insights, a regular column in the American Bar Association’s Dispute Resolution Magazine (DRM). Twice a year we choose 10-12 empirical research studies relevant to ADR professionals and publish the citation and abstract. To compile the longer list from which we choose our subset for publication in the column, we’ve cast a fairly wide net looking for published research in a variety of fields, including social psychology,...
August 10, 2017
Beginning in summer 2013, Donna Steinstra and I have co-edited Research Insights, a regular column in the American Bar Association’s Dispute Resolution Magazine (DRM). Twice a year we choose 10-12 empirical research studies relevant to ADR professionals and publish the citation and abstract. To compile the longer list from which we choose our subset for publication in the column, we’ve cast a fairly wide net looking for published research in a variety of fields, including social psychology,...
Want to Persuade Someone?
August 10, 2017
Use the other person’s name because it makes them feel that you are sincere and paying attention. Let the other person make the decision. The author recounts buying her first car, including an expensive extended warranty. After hearing its features and a sales pitch, the dealer’s employee said the decision was up to her, and if she wanted it, the employee would do the paperwork. Bonander stated she felt empowered and liberated because (she thought) she was exercising her freedom without...
August 10, 2017
Use the other person’s name because it makes them feel that you are sincere and paying attention. Let the other person make the decision. The author recounts buying her first car, including an expensive extended warranty. After hearing its features and a sales pitch, the dealer’s employee said the decision was up to her, and if she wanted it, the employee would do the paperwork. Bonander stated she felt empowered and liberated because (she thought) she was exercising her freedom without...
Conspiracy = Nondischargeability
August 9, 2017
The bankruptcy court ruled that a claim against the debtor, arising out of a scheme involving foreclosure proceedings, was nondischargeable. The Fifth Circuit affirmed, holding, inter alia, that the debt could be found nondischargeable because of the debtor’s participation in a civil conspiracy involving the scheme: “[Bankruptcy Code ] ection 523(a)(4) excepts from discharge debts ‘for . . . larceny.’ The text adds no further criteria or qualifications. Like § 523(a)(2), a plain reading...
August 9, 2017
The bankruptcy court ruled that a claim against the debtor, arising out of a scheme involving foreclosure proceedings, was nondischargeable. The Fifth Circuit affirmed, holding, inter alia, that the debt could be found nondischargeable because of the debtor’s participation in a civil conspiracy involving the scheme: “[Bankruptcy Code ] ection 523(a)(4) excepts from discharge debts ‘for . . . larceny.’ The text adds no further criteria or qualifications. Like § 523(a)(2), a plain reading...
An Empirical Study of Litigants’ Awareness Of Court-Sponsored Alternative Dispute Resolution Programs
August 9, 2017
Professor Donna Shestowsky, University of California, Davis – School of Law, has written an interesting research paper titled, “When Ignorance is Not Bliss: An Empirical Study of Litigants’ Awareness Of Court-Sponsored Alternative Dispute Resolution Programs,” to be published in Volume 22 (Spring 2017) of the Harvard Negotiation Law Review; UC Davis Legal Studies Research Paper. In her article, Professor Shestowsky looks at whether individuals involved in state court litigation knew...
August 9, 2017
Professor Donna Shestowsky, University of California, Davis – School of Law, has written an interesting research paper titled, “When Ignorance is Not Bliss: An Empirical Study of Litigants’ Awareness Of Court-Sponsored Alternative Dispute Resolution Programs,” to be published in Volume 22 (Spring 2017) of the Harvard Negotiation Law Review; UC Davis Legal Studies Research Paper. In her article, Professor Shestowsky looks at whether individuals involved in state court litigation knew...
Second Circuit Vacates Arbitrator’s Class Certification; Finds Perjury Doesn’t Guarantee Vacatur
August 8, 2017
The “Summer of Arbitration” continues. In this edition, I focus on four big recent cases from the Second Circuit. One vacated an arbitrator’s certification of a class action. A second refused to vacate an award, despite an allegation of perjury. And the last two relate to nearly 1.7 billion dollars worth of international arbitration awards. (Although I refuse the designation of “flyover country” for my beloved Midwest, I do have to acknowledge that the New York courts get much sexier...
August 8, 2017
The “Summer of Arbitration” continues. In this edition, I focus on four big recent cases from the Second Circuit. One vacated an arbitrator’s certification of a class action. A second refused to vacate an award, despite an allegation of perjury. And the last two relate to nearly 1.7 billion dollars worth of international arbitration awards. (Although I refuse the designation of “flyover country” for my beloved Midwest, I do have to acknowledge that the New York courts get much sexier...
Federal Court Upholds P&I Club’s Coverage Determination as Valid, Binding ADR Decision
August 8, 2017
The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting allegations brought by one the Club’s Members that the procedure was “fundamentally unfair.” TransAtlantic Lines LLC v. Am. Steamship Owners Mut. Prot. & Indemn. Ass’n, Inc., 2017 WL 2334995 (S.D.N.Y. May 30, 2017). The court’s holding is a reminder that a coverage decision, rendered...
August 8, 2017
The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting allegations brought by one the Club’s Members that the procedure was “fundamentally unfair.” TransAtlantic Lines LLC v. Am. Steamship Owners Mut. Prot. & Indemn. Ass’n, Inc., 2017 WL 2334995 (S.D.N.Y. May 30, 2017). The court’s holding is a reminder that a coverage decision, rendered...
Latest Trends in Professional Liability Claims
August 8, 2017
Professional liability claims and coverage is evolving, according to Steve Whelan, director of management/professional liability product development for ISO. With increasing cyberattacks, comes coverage for ransomware and even blended coverage with other lines. Among other trends, healthcare claims are expected to grow in conjunction with an aging population. During an audio interview with Claims Journal, Whelan discussed these trends in detail.
August 8, 2017
Professional liability claims and coverage is evolving, according to Steve Whelan, director of management/professional liability product development for ISO. With increasing cyberattacks, comes coverage for ransomware and even blended coverage with other lines. Among other trends, healthcare claims are expected to grow in conjunction with an aging population. During an audio interview with Claims Journal, Whelan discussed these trends in detail.
