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SCOTX Offers Significant Guidance Regarding Discovery of ESI
June 21, 2017
The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”). In a consolidated case titled In re State Farm Lloyds, No. 15-0905 (Texas, May 26, 2017), a group of residential homeowners sued their insurer, State Farm Lloyds, over the company’s purported underpayment of their damage claims following a hail storm. As part of discovery, a trial court ordered the insurer to produce any ESI in native or near-native format...
June 21, 2017
The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”). In a consolidated case titled In re State Farm Lloyds, No. 15-0905 (Texas, May 26, 2017), a group of residential homeowners sued their insurer, State Farm Lloyds, over the company’s purported underpayment of their damage claims following a hail storm. As part of discovery, a trial court ordered the insurer to produce any ESI in native or near-native format...
U.S. Dept. of Ed. Reconsidering Regulation Banning Pre-Dispute Arbitration Agreements in Higher Education
June 21, 2017
On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment (“BDR”) final regulation that was scheduled to become effective on July 1, 2017. Instead, the Department will establish new rulemaking committees on both the BDR and Gainful Employment regulations. A Department press release published last fall states the BDR final regulation bans all “pre-dispute arbitration agreements that prevent students from taking institutions...
June 21, 2017
On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment (“BDR”) final regulation that was scheduled to become effective on July 1, 2017. Instead, the Department will establish new rulemaking committees on both the BDR and Gainful Employment regulations. A Department press release published last fall states the BDR final regulation bans all “pre-dispute arbitration agreements that prevent students from taking institutions...
State Supreme Courts Continue to Try to Chip Away at FAA Preemption; SCOTUS Is Not Amused
June 21, 2017
The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States Supreme Court has repeatedly taught that where the FAA applies, it is deemed to supersede state laws that are inconsistent with its provisions and purposes. Yet recent decisions by the highest courts of North Carolina and New Hampshire provide examples of continued efforts...
June 21, 2017
The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States Supreme Court has repeatedly taught that where the FAA applies, it is deemed to supersede state laws that are inconsistent with its provisions and purposes. Yet recent decisions by the highest courts of North Carolina and New Hampshire provide examples of continued efforts...
Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement
June 20, 2017
The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing...
June 20, 2017
The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing...
Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees’ Arbitration Rights
June 20, 2017
In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017),...
June 20, 2017
In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017),...
“Class Arbitration”: The Current Law
June 20, 2017
Thus far the U.S. Supreme Court has addressed a few issues concerning “class arbitration,” including (1) the fundamental significance of the arbitration agreement; (2) the enforceability of a purported contractual waiver of class arbitration; and (3) the extent of and criteria for judicial review of an arbitrator’s award concerning the permissibility of class arbitration. On the other hand, the Supreme Court has not yet focused on the ultimate viability and enforceability, or the res judicata...
June 20, 2017
Thus far the U.S. Supreme Court has addressed a few issues concerning “class arbitration,” including (1) the fundamental significance of the arbitration agreement; (2) the enforceability of a purported contractual waiver of class arbitration; and (3) the extent of and criteria for judicial review of an arbitrator’s award concerning the permissibility of class arbitration. On the other hand, the Supreme Court has not yet focused on the ultimate viability and enforceability, or the res judicata...
Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp
June 19, 2017
Disputing would like to announce guest post writer Merril Hirsh has published a thought-provoking and timely article focused on the idea that special masters are well-positioned at the intersection between Alternative Dispute Resolution (“ADR”) and the courtroom. In “Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp,” Mr. Hirsh discusses how a special master may assist in broadening a judge’s reach by serving ADR roles that the judge not only lacks the time...
June 19, 2017
Disputing would like to announce guest post writer Merril Hirsh has published a thought-provoking and timely article focused on the idea that special masters are well-positioned at the intersection between Alternative Dispute Resolution (“ADR”) and the courtroom. In “Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp,” Mr. Hirsh discusses how a special master may assist in broadening a judge’s reach by serving ADR roles that the judge not only lacks the time...
Ware & Levinson on Arbitration Law
June 19, 2017
Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration Law (Concise Hornbook Series, available July 2017). Here's the publisher's description: The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law―from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements―and...
June 19, 2017
Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration Law (Concise Hornbook Series, available July 2017). Here's the publisher's description: The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law―from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements―and...
No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information
June 19, 2017
In this case, the court denied Plaintiff’s motion for an order permitting a jury instruction regarding Defendant’s failure...
June 19, 2017
In this case, the court denied Plaintiff’s motion for an order permitting a jury instruction regarding Defendant’s failure...
Bringing Data to Theories of USSC Review
June 18, 2017
In Why Does the Supreme Court Uphold so Many Laws?, the authors, Ben Johnson (Princeton--Politics) and Keith Whittington (Princeton--Politics), empirically explore the Supreme Court's judicial review practices regarding its discretionary review authority. As the paper notes, "Scholars spend a lot of time considering the legitimacy and implications of the Supreme Court striking down federal laws by use of judicial review. Similarly, there is a large literature focusing on the Court’s power and obligation...
June 18, 2017
In Why Does the Supreme Court Uphold so Many Laws?, the authors, Ben Johnson (Princeton--Politics) and Keith Whittington (Princeton--Politics), empirically explore the Supreme Court's judicial review practices regarding its discretionary review authority. As the paper notes, "Scholars spend a lot of time considering the legitimacy and implications of the Supreme Court striking down federal laws by use of judicial review. Similarly, there is a large literature focusing on the Court’s power and obligation...
