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Texas Federal Court Rules Insurance Policy Requires Arbitration in England
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
Financial Times: Artificial Intelligence Closes In On The Work Of Junior Lawyers
May 25, 2017
“The 2020s will be the decade of disruption,” says Professor Richard Susskind, co-author of The Future of the Professions: How Technology Will Transform the Work of Human Experts. He believes there is growing demand from executives who control corporate legal budgets to cut costs by taking advantage of the savings offered by technology. ... So far, firms say, technology has not meant job losses. But Prof Susskind believes a wave of lay-offs is to come — law firms are still experimenting...
May 25, 2017
“The 2020s will be the decade of disruption,” says Professor Richard Susskind, co-author of The Future of the Professions: How Technology Will Transform the Work of Human Experts. He believes there is growing demand from executives who control corporate legal budgets to cut costs by taking advantage of the savings offered by technology. ... So far, firms say, technology has not meant job losses. But Prof Susskind believes a wave of lay-offs is to come — law firms are still experimenting...
Inside the Arbitrator’s Mind
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
Dividing Your Wealth Among Your Children
May 24, 2017
In estate planning, the question often arises of how to divide your estate among your children. The primary goal when making...
May 24, 2017
In estate planning, the question often arises of how to divide your estate among your children. The primary goal when making...
AI & Predicting USSC Case Outcomes
May 24, 2017
As legal scholars begin to digest AI's ramifications for law and legal analysis, a recent paper exploits the Supreme Court Database to illustrate AI's ability to predict case outcomes. In A general approach for predicting the behavior of the Supreme Court of the United States, Daniel Katz (Chicago-Kent) et al. explore almost two centuries of Supreme Court decisions and use an algorithm to successfully predict 70.2% of the case outcomes and 71.9% of individual justice-level votes. The abstract follows. "Building...
May 24, 2017
As legal scholars begin to digest AI's ramifications for law and legal analysis, a recent paper exploits the Supreme Court Database to illustrate AI's ability to predict case outcomes. In A general approach for predicting the behavior of the Supreme Court of the United States, Daniel Katz (Chicago-Kent) et al. explore almost two centuries of Supreme Court decisions and use an algorithm to successfully predict 70.2% of the case outcomes and 71.9% of individual justice-level votes. The abstract follows. "Building...
Supreme Court Reins-In Patent Venue
May 23, 2017
What next: Section 1400(b) limits patent cases to the judicial district (1) “where the defendant resides,” or (2) “where...
May 23, 2017
What next: Section 1400(b) limits patent cases to the judicial district (1) “where the defendant resides,” or (2) “where...
Supreme Court Limits Where Patent Lawsuits Can Be Filed
May 23, 2017
The high court, in an opinion by Justice Clarence Thomas, ruled unanimously that a specialized appeals court has been following an incorrect legal standard for almost 30 years that made it possible for patent holders to sue companies in almost any U.S. jurisdiction. Under the relevant statute interpreted by the court, companies can be sued for patent infringement where they reside, or where they have committed regular acts of patent infringement and have a regular and established place of business. The...
May 23, 2017
The high court, in an opinion by Justice Clarence Thomas, ruled unanimously that a specialized appeals court has been following an incorrect legal standard for almost 30 years that made it possible for patent holders to sue companies in almost any U.S. jurisdiction. Under the relevant statute interpreted by the court, companies can be sued for patent infringement where they reside, or where they have committed regular acts of patent infringement and have a regular and established place of business. The...
Persuasive Writing: Should Advocates Exploit the Negativity Bias?
May 23, 2017
Professor Kenneth Chestek explains: Cognitive psychologists have identified a phenomenon they call the "negativity bias," in which humans seem to remember and be affected by negative information more strongly than by positive information. What are the implications of this bias for legal writers? Should they focus on negative themes (describing the opposing side as bad) instead of positive ones (describing their clients as good and worthy)? More specifically, do trial judges fall prey to the negativity...
May 23, 2017
Professor Kenneth Chestek explains: Cognitive psychologists have identified a phenomenon they call the "negativity bias," in which humans seem to remember and be affected by negative information more strongly than by positive information. What are the implications of this bias for legal writers? Should they focus on negative themes (describing the opposing side as bad) instead of positive ones (describing their clients as good and worthy)? More specifically, do trial judges fall prey to the negativity...
United Airlines Pressured to Pay Damages Over Death of Giant Rabbit
May 22, 2017
The owners of a giant rabbit named Simon who was found dead after a United Airlines flight demanded on Monday that the airline pay damages, order an outside investigation and re-evaluate how it handles animals on flights. Attorneys for Simon’s owners, who purchased him in hopes of winning the title of world’s largest rabbit at the Iowa State Fair this summer, said they would take legal action if United failed to respond within seven days. The lawyers say it is possible the 3-foot-long (1-meter)...
May 22, 2017
The owners of a giant rabbit named Simon who was found dead after a United Airlines flight demanded on Monday that the airline pay damages, order an outside investigation and re-evaluate how it handles animals on flights. Attorneys for Simon’s owners, who purchased him in hopes of winning the title of world’s largest rabbit at the Iowa State Fair this summer, said they would take legal action if United failed to respond within seven days. The lawyers say it is possible the 3-foot-long (1-meter)...
An “Egregious” Breach, But No Damages . . .
May 22, 2017
I haven't done a damages case in a while so here's one for you out of California, Wiring Connection, Inc. v. Amate, B264113. The parties entered into a lease totaling 65 months at $6,252 per month. After signing the lease, though, Amate leased the property to someone else and Wiring then had to lease a different property, under a three-year lease for $7,500 a month. Wiring sued for breach of contract and won. The court then had to determine damages. The lower court stated that the proper measure...
May 22, 2017
I haven't done a damages case in a while so here's one for you out of California, Wiring Connection, Inc. v. Amate, B264113. The parties entered into a lease totaling 65 months at $6,252 per month. After signing the lease, though, Amate leased the property to someone else and Wiring then had to lease a different property, under a three-year lease for $7,500 a month. Wiring sued for breach of contract and won. The court then had to determine damages. The lower court stated that the proper measure...
