Blog Archives
Litigation Funding: Are These Costs Recoverable in Arbitration?
June 8, 2017
The use of third parties to fund plaintiffs' legal and litigation expenses ("litigation funding") is becoming an increasingly common practice in Europe and the United States, and has been used in Australia for many years. As the litigation funding industry has grown and evolved, it is becoming more common in arbitration. Indeed, there are some litigation funding companies that limit their investments to cases that are being arbitrated rather than tried in a country's court system. Thus, arbitrators...
June 8, 2017
The use of third parties to fund plaintiffs' legal and litigation expenses ("litigation funding") is becoming an increasingly common practice in Europe and the United States, and has been used in Australia for many years. As the litigation funding industry has grown and evolved, it is becoming more common in arbitration. Indeed, there are some litigation funding companies that limit their investments to cases that are being arbitrated rather than tried in a country's court system. Thus, arbitrators...
What Can I Do to Persuade Others?
June 7, 2017
Being persuasive is part of your job. Whether you’re trying to persuade your client on what they plan on doing is a really bad idea or trying to persuade another party that your client’s offer to settle is very fair and reasonable, you’re in the persuasion business. There are many things you can do to be more persuasive so others can appreciate the wisdom of your approach. Blogger Eric Barker has some suggestions after spending time with some New York Police Department (NYPD)...
June 7, 2017
Being persuasive is part of your job. Whether you’re trying to persuade your client on what they plan on doing is a really bad idea or trying to persuade another party that your client’s offer to settle is very fair and reasonable, you’re in the persuasion business. There are many things you can do to be more persuasive so others can appreciate the wisdom of your approach. Blogger Eric Barker has some suggestions after spending time with some New York Police Department (NYPD)...
Assignment Power & Appellate Decisions
June 7, 2017
Daniel Jacob Hemel and Kyle Rozema (University of Chicago Law School and Northwestern University - Pritzker School of Law) have posted Decisionmaking on Multimember Courts: The Assignment Power in the Circuits on SSRN. Here is the abstract: A standard assumption in the literature on judicial behavior holds that decisions of multimember courts conform to the preferences of the median judge. Judges and scholars have suggested, however, that contrary to the predictions of the median voter theorem,...
June 7, 2017
Daniel Jacob Hemel and Kyle Rozema (University of Chicago Law School and Northwestern University - Pritzker School of Law) have posted Decisionmaking on Multimember Courts: The Assignment Power in the Circuits on SSRN. Here is the abstract: A standard assumption in the literature on judicial behavior holds that decisions of multimember courts conform to the preferences of the median judge. Judges and scholars have suggested, however, that contrary to the predictions of the median voter theorem,...
Arbitration is Faster to Resolution than Court—and the Difference can be Assessed Monetarily
June 6, 2017
A groundbreaking study by the economic research firm Micronomics quantifies the significant time differences between litigation and AAA arbitration from initiation of a case to the final determination—and concludes that arbitration accelerates the pace of dispute resolution. Trial Time vs. Arbitration Time Federal courts take much longer to resolve cases by trial and appeal than arbitration by the AAA. These differences are systematic across almost all states and sections of the country and are especially...
June 6, 2017
A groundbreaking study by the economic research firm Micronomics quantifies the significant time differences between litigation and AAA arbitration from initiation of a case to the final determination—and concludes that arbitration accelerates the pace of dispute resolution. Trial Time vs. Arbitration Time Federal courts take much longer to resolve cases by trial and appeal than arbitration by the AAA. These differences are systematic across almost all states and sections of the country and are especially...
After a Business Fails to Pay AAA Fees, N.J. Consumers May Litigate
June 6, 2017
An emerging trend in arbitration is the refusal of a party to pay its share of the fees and costs in accordance with either the arbitration agreement or the governing administrative rules. Typically, the only option available to a paying party who wants arbitration to move forward is to pay the nonpaying party's share of the fees and costs. But what if the paying party is a consumer? Relying for guidance on decisions rendered by the Ninth and Tenth Circuits, the New Jersey Supreme Court now offers...
June 6, 2017
An emerging trend in arbitration is the refusal of a party to pay its share of the fees and costs in accordance with either the arbitration agreement or the governing administrative rules. Typically, the only option available to a paying party who wants arbitration to move forward is to pay the nonpaying party's share of the fees and costs. But what if the paying party is a consumer? Relying for guidance on decisions rendered by the Ninth and Tenth Circuits, the New Jersey Supreme Court now offers...
Fifth Circuit Dismisses Appeal Over Arbitrator Selection for Lack of Subject Matter Jurisdiction
June 6, 2017
The United States Court of Appeals for the Fifth Circuit has dismissed a company’s appeal from a lower court’s order confirming the selection of a panel of arbitrators due to lack of subject matter jurisdiction. In Bordelon Marine, LLC v. Bibby Subsea ROV, LLC, No. 16-30847 (5th Cir. Apr. 14, 2017), two companies, Bordelon and Bibby, were ordered to arbitrate a contract dispute related to the charter of an offshore vessel. Before the dispute could be arbitrated, however, the two companies...
June 6, 2017
The United States Court of Appeals for the Fifth Circuit has dismissed a company’s appeal from a lower court’s order confirming the selection of a panel of arbitrators due to lack of subject matter jurisdiction. In Bordelon Marine, LLC v. Bibby Subsea ROV, LLC, No. 16-30847 (5th Cir. Apr. 14, 2017), two companies, Bordelon and Bibby, were ordered to arbitrate a contract dispute related to the charter of an offshore vessel. Before the dispute could be arbitrated, however, the two companies...
Global Pound Conference Aggregated Voting Results
June 5, 2017
The initial results are already surprising. They suggest that what people most often use or recommend for resolving commercial or civil disputes is not what they really think is best or want. Although adjudicative processes are the primary way disputants still tend to resolve commercial and civil disputes today, that is not what any of the experienced stakeholders (judges, arbitrators or lawyers included) seem to be recommending. Another surprise is what shapes these recommendations and the disputants’...
June 5, 2017
The initial results are already surprising. They suggest that what people most often use or recommend for resolving commercial or civil disputes is not what they really think is best or want. Although adjudicative processes are the primary way disputants still tend to resolve commercial and civil disputes today, that is not what any of the experienced stakeholders (judges, arbitrators or lawyers included) seem to be recommending. Another surprise is what shapes these recommendations and the disputants’...
Article on Dealing with Digital Property in Civil Litigation
June 5, 2017
Jeremy de Beer & Tracey Doyle recently published an Article entitled, Dealing with Digital Property in Civil Litigation, Wills, Trusts, & Estates eJournal (May 2017). Provided below is an abstract of the Article: This article aims to shed light on the conceptual, doctrinal and practical issues regarding digital property law by weaving together several facets of the subject. Legislative schemes for the digital environment have emerged to cover some issues but not others. The debate about...
June 5, 2017
Jeremy de Beer & Tracey Doyle recently published an Article entitled, Dealing with Digital Property in Civil Litigation, Wills, Trusts, & Estates eJournal (May 2017). Provided below is an abstract of the Article: This article aims to shed light on the conceptual, doctrinal and practical issues regarding digital property law by weaving together several facets of the subject. Legislative schemes for the digital environment have emerged to cover some issues but not others. The debate about...
Case Goes to Arbitration, Case Stays in Arbitration
June 5, 2017
The district court in Salas v. GE Oil & Gas ordered arbitration in 2014 and dismissed the case. The arbitration did not proceed. Each side blamed the other; the district court had a status conference in 2016; and afterwards, withdrew its earlier order and reopened the case. The Fifth Circuit found that the district court lacked jurisdiction to do so, as its 2016 order “did not fall within the narrow scope of th[e] ancillary jurisdiction” provided by section 4 of the FAA: “The court neither...
June 5, 2017
The district court in Salas v. GE Oil & Gas ordered arbitration in 2014 and dismissed the case. The arbitration did not proceed. Each side blamed the other; the district court had a status conference in 2016; and afterwards, withdrew its earlier order and reopened the case. The Fifth Circuit found that the district court lacked jurisdiction to do so, as its 2016 order “did not fall within the narrow scope of th[e] ancillary jurisdiction” provided by section 4 of the FAA: “The court neither...
Crossing the Street Becoming More Dangerous
June 4, 2017
Last year was the deadliest year for pedestrians in the United States since 1996, according to a report by the Governor’s Highway Safety Association, which collects and analyzes data from state highway safety offices. Preliminary data show that 5,997 pedestrians were killed in traffic accidents, an 11 percent increase from 2015, the report says.
June 4, 2017
Last year was the deadliest year for pedestrians in the United States since 1996, according to a report by the Governor’s Highway Safety Association, which collects and analyzes data from state highway safety offices. Preliminary data show that 5,997 pedestrians were killed in traffic accidents, an 11 percent increase from 2015, the report says.
