Blog Archives
Amount In Controversy Is Determined By Four Corners Of The Pleadings
July 29, 2015
Adams v. Toys ‘R’ Us, 2015 WL 395214 (N.D. Cal. Jan. 29, 2015). A district court in California denied remand finding that the allegations in the complaint were sufficient to assume an amount-in-controversy in excess of the jurisdictional minimum under CAFA. Plaintiff filed this class action on behalf of herself and at least 2000 purported class members. In her complaint, plaintiff alleged that the amount-in-controversy of her individual claim was less than $30,000, in addition to an unspecified...
July 29, 2015
Adams v. Toys ‘R’ Us, 2015 WL 395214 (N.D. Cal. Jan. 29, 2015). A district court in California denied remand finding that the allegations in the complaint were sufficient to assume an amount-in-controversy in excess of the jurisdictional minimum under CAFA. Plaintiff filed this class action on behalf of herself and at least 2000 purported class members. In her complaint, plaintiff alleged that the amount-in-controversy of her individual claim was less than $30,000, in addition to an unspecified...
Uber Arbitration Agreement Unconscionable
July 29, 2015
We used to count on Britney Spears as the leading source for blog fodder. Move aside Britney. Uber just passed you by. We have two new Uber stories just in California alone. First, last week the District Court for the Northern District of California issued its opinion in Mohamed v. Uber Technologies. Paul Mollica of the Employment Law Blog called that decision a "blockbuster," because it ruled Uber's arbitration agreement with its drivers unconscionable and therefore unenforceable. The opinion...
July 29, 2015
We used to count on Britney Spears as the leading source for blog fodder. Move aside Britney. Uber just passed you by. We have two new Uber stories just in California alone. First, last week the District Court for the Northern District of California issued its opinion in Mohamed v. Uber Technologies. Paul Mollica of the Employment Law Blog called that decision a "blockbuster," because it ruled Uber's arbitration agreement with its drivers unconscionable and therefore unenforceable. The opinion...
Apparent Authority Of Attorney Makes Settlement Agreement Enforceable
July 28, 2015
A recent decision of the Arizona Supreme Court Agreements between parties or attorneys in civil lawsuits are not binding if disputed unless they are evidenced by a writing or made orally in court. Ariz. R. Civ. P. 80(d). We here consider whether Rule 80(d) makes a written settlement agreement unenforceable because it lacked the written assent of clients who dispute their attorney’s authority to make the agreement. Holding that no such written assent is required and that the agreement here satisfied...
July 28, 2015
A recent decision of the Arizona Supreme Court Agreements between parties or attorneys in civil lawsuits are not binding if disputed unless they are evidenced by a writing or made orally in court. Ariz. R. Civ. P. 80(d). We here consider whether Rule 80(d) makes a written settlement agreement unenforceable because it lacked the written assent of clients who dispute their attorney’s authority to make the agreement. Holding that no such written assent is required and that the agreement here satisfied...
Defendant’s Failure To Pay Arbitration Fees Cannot Stymie Claims Against It
July 28, 2015
Usually, when faced with a respondent who refuses to pay its share of the arbitration fees, a claimant simply pays both sides’ fees, so that the arbitration can proceed. A new case out of the Tenth Circuit answers the question: what happens if it does not pay both sides’ fees? Pre-Paid Legal Services, Inc. v. Cahill, __ F.3d__, 2015 WL 3372136 (10th Cir. May 26, 2015). Somewhat surprisingly, the answer is that the claimant can choose to litigate its case in court, where there are no fees. Pre-Paid...
July 28, 2015
Usually, when faced with a respondent who refuses to pay its share of the arbitration fees, a claimant simply pays both sides’ fees, so that the arbitration can proceed. A new case out of the Tenth Circuit answers the question: what happens if it does not pay both sides’ fees? Pre-Paid Legal Services, Inc. v. Cahill, __ F.3d__, 2015 WL 3372136 (10th Cir. May 26, 2015). Somewhat surprisingly, the answer is that the claimant can choose to litigate its case in court, where there are no fees. Pre-Paid...
Scientists See Neurons Change as Memories Form
July 28, 2015
"Learning can be traced back to individual neurons in the brain, according to a new study." Learning can be traced back to individual neurons in the brain, according to a new study. “What we wanted to do was see if we could actually create a new association — a memory — and see if we would be able to see actual change in the neurons,” said Matias Ison, a neuroscientist at the University of Leicester in England and one of the study’s authors. He and his colleagues were able to monitor...
July 28, 2015
"Learning can be traced back to individual neurons in the brain, according to a new study." Learning can be traced back to individual neurons in the brain, according to a new study. “What we wanted to do was see if we could actually create a new association — a memory — and see if we would be able to see actual change in the neurons,” said Matias Ison, a neuroscientist at the University of Leicester in England and one of the study’s authors. He and his colleagues were able to monitor...
Appeals Court Blasts Lawyers in Published Opinion Despite Settlement
July 27, 2015
A California appellate panel was so outraged by “scorched earth tactics” in a suit over a purportedly stolen hard drive that it issued a decision as “an example to the legal community” despite a settlement in the case. The opinion (PDF) by California’s Fourth District Court of Appeals blasted the plaintiff, Finton Construction Inc., and its legal team for filing the suit against the law firm Bidna & Keys, the Recorder (sub. req.) reports. Finton Construction was initially represented...
July 27, 2015
A California appellate panel was so outraged by “scorched earth tactics” in a suit over a purportedly stolen hard drive that it issued a decision as “an example to the legal community” despite a settlement in the case. The opinion (PDF) by California’s Fourth District Court of Appeals blasted the plaintiff, Finton Construction Inc., and its legal team for filing the suit against the law firm Bidna & Keys, the Recorder (sub. req.) reports. Finton Construction was initially represented...
Former Employer Properly Withheld Payroll Taxes When Paying Judgment
July 27, 2015
In Cifuentes v. Costco Wholesale Corporation (6/26/15) --- Cal.App.4th ---, the plaintiff sued his former employer, Costco, for breach of contract and received a judgment for more than $300,000 in back pay and front pay. Costco paid the judgment, withholding payroll taxes from the portion of the judgment attributed to lost wages. The trial court denied Costco's motion for an acknowledgement of satisfaction of judgment, and Costco appealed. The Court of Appeal reversed, holding that Costco properly...
July 27, 2015
In Cifuentes v. Costco Wholesale Corporation (6/26/15) --- Cal.App.4th ---, the plaintiff sued his former employer, Costco, for breach of contract and received a judgment for more than $300,000 in back pay and front pay. Costco paid the judgment, withholding payroll taxes from the portion of the judgment attributed to lost wages. The trial court denied Costco's motion for an acknowledgement of satisfaction of judgment, and Costco appealed. The Court of Appeal reversed, holding that Costco properly...
Emotional Intelligence as a Negotiating Skill and Negotiation Tactic
July 27, 2015
Here are some successful negotiation examples involving emotional intelligence The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research. After all, the qualities that characterize...
July 27, 2015
Here are some successful negotiation examples involving emotional intelligence The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research. After all, the qualities that characterize...
Game on – SettlementAnalytics Automated Litigation Analysis Tool Means Business
July 27, 2015
SettlementAnalytics has launched a first-of-its-kind automated litigation analysis platform, which applies mathematical game theory to predict the outcomes of legal conflict. OptiSettle enables claimants and defendants to enter the costs of litigation and their beliefs about the possible outcomes of negotiation, settlement and trial, to calculate more realistic claim valuations, compute settlement probabilities, quantify implied trial risks and optimise settlement strategies. OptiSettle’s...
July 27, 2015
SettlementAnalytics has launched a first-of-its-kind automated litigation analysis platform, which applies mathematical game theory to predict the outcomes of legal conflict. OptiSettle enables claimants and defendants to enter the costs of litigation and their beliefs about the possible outcomes of negotiation, settlement and trial, to calculate more realistic claim valuations, compute settlement probabilities, quantify implied trial risks and optimise settlement strategies. OptiSettle’s...
Face It, Your Brain Is A Computer
July 26, 2015
I have often stressed that it is important to understand how the brain works in order to develop the best techniques for teaching and learning. Gary Marcus, a professor of psychology and neural science at New York University, has an interesting piece in the New York Times comparing the brain to a computer. Professor Marcus writes, "There is much that we don’t know about brains. But we do know that they aren’t magical. They are just exceptionally complex arrangements of matter. Airplanes may not fly like...
July 26, 2015
I have often stressed that it is important to understand how the brain works in order to develop the best techniques for teaching and learning. Gary Marcus, a professor of psychology and neural science at New York University, has an interesting piece in the New York Times comparing the brain to a computer. Professor Marcus writes, "There is much that we don’t know about brains. But we do know that they aren’t magical. They are just exceptionally complex arrangements of matter. Airplanes may not fly like...
