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Revenge Really is Sweet
January 19, 2017
When we feel ostracised, we’re more likely to behave aggressively. Previous research suggests that vengeance on those who we think have wronged us can be driven by a sense of justice, and may activate neural reward centres. But being ostracised can also lead to generalised aggression, even lashing out at unrelated people, so there seems to be more going on. In new research in Journal of Personality and Social Psychology, David Chester and C. Nathan DeWall tested the idea that social rejection,...
January 19, 2017
When we feel ostracised, we’re more likely to behave aggressively. Previous research suggests that vengeance on those who we think have wronged us can be driven by a sense of justice, and may activate neural reward centres. But being ostracised can also lead to generalised aggression, even lashing out at unrelated people, so there seems to be more going on. In new research in Journal of Personality and Social Psychology, David Chester and C. Nathan DeWall tested the idea that social rejection,...
The Continuing Struggle Over Class Action Waivers in Arbitration
January 19, 2017
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan...
January 19, 2017
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan...
No, That Judgment Is Not Final Either
January 19, 2017
In LLOG Exploration Co. v. Signet Maritime Corp., after affirming a declaratory judgment about delay damages under a maritime towage contract, the Fifth Circuit found that it lacked jurisdiction over the related award of attorneys’ fees: “[I]n its award of fees and costs to LLOG, the district court did not set a set a specific amount. This court held in S. Travel Club, Inc. v. Carnival Air Lines, Inc., 986 F.2d 125, 131 (5th Cir. 1993), ‘that an order awarding attorney’s fees or costs is not reviewable...
January 19, 2017
In LLOG Exploration Co. v. Signet Maritime Corp., after affirming a declaratory judgment about delay damages under a maritime towage contract, the Fifth Circuit found that it lacked jurisdiction over the related award of attorneys’ fees: “[I]n its award of fees and costs to LLOG, the district court did not set a set a specific amount. This court held in S. Travel Club, Inc. v. Carnival Air Lines, Inc., 986 F.2d 125, 131 (5th Cir. 1993), ‘that an order awarding attorney’s fees or costs is not reviewable...
Waivers Of Subrogation Endorsements Are Like Onions
January 18, 2017
A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up on subrogation and/or reimbursement potential. In Insurance Co. of the State of Pennsylvania v. Exxon, No. 01-15-0453-CV (Tex. Civ. App. – Houston [1st Dist.] July 14, 2016), Kevin Roberts and Arturo Munoz were injured in January 2013 while working...
January 18, 2017
A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up on subrogation and/or reimbursement potential. In Insurance Co. of the State of Pennsylvania v. Exxon, No. 01-15-0453-CV (Tex. Civ. App. – Houston [1st Dist.] July 14, 2016), Kevin Roberts and Arturo Munoz were injured in January 2013 while working...
Empirical Findings on International Arbitration: An Overview
January 18, 2017
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming). In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration. Here is the abstract: This chapter surveys the existing empirical literature on international...
January 18, 2017
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming). In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration. Here is the abstract: This chapter surveys the existing empirical literature on international...
Good Records Defeat Tort Liability
January 18, 2017
The unsuccessful plaintiff in Dawson v. RockTenn Services, Inc. sued because of injuries he suffered while delivering sulfuric acid to a paper mill. In yet another opinion that endorses careful recordkeeping, the Fifth Circuit affirmed judgment for the defendants: “Under Rock-Tenn’s operating procedures, Martin Transport’s drivers were required to, and apparently did, check that the pressure-release line was ‘free from defects and void of other materials’ prior to each delivery. Martin...
January 18, 2017
The unsuccessful plaintiff in Dawson v. RockTenn Services, Inc. sued because of injuries he suffered while delivering sulfuric acid to a paper mill. In yet another opinion that endorses careful recordkeeping, the Fifth Circuit affirmed judgment for the defendants: “Under Rock-Tenn’s operating procedures, Martin Transport’s drivers were required to, and apparently did, check that the pressure-release line was ‘free from defects and void of other materials’ prior to each delivery. Martin...
Destructive Thought Patterns
January 17, 2017
Ever find yourself obsessively re-thinking the same thoughts over and over again? Perhaps you’ve submitted a motion and rather than resigning the faith to the decision maker, you’re incessantly thinking about what you wrote, or forgot to include. Similarly, you may relive a conversation you’ve had with an opposing counsel, never mind the fact that the conversation took place months or even years ago. You experience all the emotions, outrage, frustration, anger, and the deep desire to strangle...
January 17, 2017
Ever find yourself obsessively re-thinking the same thoughts over and over again? Perhaps you’ve submitted a motion and rather than resigning the faith to the decision maker, you’re incessantly thinking about what you wrote, or forgot to include. Similarly, you may relive a conversation you’ve had with an opposing counsel, never mind the fact that the conversation took place months or even years ago. You experience all the emotions, outrage, frustration, anger, and the deep desire to strangle...
NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy Violates NLRA
January 17, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration...
January 17, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration...
Patent Litigation Falls Dramatically in 2016
January 17, 2017
Unified Patents and RPX have both released their early numbers on new US patent litigation cases in 2016, confirming what...
January 17, 2017
Unified Patents and RPX have both released their early numbers on new US patent litigation cases in 2016, confirming what...
How Chronic Stress Erodes Memory
January 16, 2017
A recent study shows that sustained stress erodes memory with the immune system playing a key role in cognitive impairment. Specifically, the study researched the relationship between chronic stress and short-term memory in mice. The mice that were repeatedly introduced to the aggressive intruder had a difficult time remembering where the escape hole was, whereas the mice who were less stressed, remembered it. Additionally, the chronically stressed mice had evidence of inflammation in their brains,...
January 16, 2017
A recent study shows that sustained stress erodes memory with the immune system playing a key role in cognitive impairment. Specifically, the study researched the relationship between chronic stress and short-term memory in mice. The mice that were repeatedly introduced to the aggressive intruder had a difficult time remembering where the escape hole was, whereas the mice who were less stressed, remembered it. Additionally, the chronically stressed mice had evidence of inflammation in their brains,...
