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A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
April 23, 2015
The Federal Arbitration Act (FAA) is considered an anomaly among federal statutes. The protections of the FAA are substantive law, yet citing to the FAA is insufficient to invoke the federal courts’ jurisdiction. Instead, parties seeking federal court assistance on arbitration matters must have independent jurisdictional grounds, usually federal question or diversity jurisdiction. This requirement stems from FAA Section 4, which states that jurisdiction lies in any district court which, “save...
April 23, 2015
The Federal Arbitration Act (FAA) is considered an anomaly among federal statutes. The protections of the FAA are substantive law, yet citing to the FAA is insufficient to invoke the federal courts’ jurisdiction. Instead, parties seeking federal court assistance on arbitration matters must have independent jurisdictional grounds, usually federal question or diversity jurisdiction. This requirement stems from FAA Section 4, which states that jurisdiction lies in any district court which, “save...
Judge Approves Deal in N.F.L. Concussion Suit
April 23, 2015
A federal district court judge on Wednesday gave her final approval to the settlement of a lawsuit brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major step toward ending one of the most contentious legal battles in league history. The settlement provides payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring for all players to determine if they qualify for a payment...
April 23, 2015
A federal district court judge on Wednesday gave her final approval to the settlement of a lawsuit brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major step toward ending one of the most contentious legal battles in league history. The settlement provides payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring for all players to determine if they qualify for a payment...
More Companies Block Employees From Filing Suits
April 23, 2015
Companies are quietly eliminating a long-held employee privilege: the right to band together to take the boss to court. As employers try to stem the costs of lawsuits, more companies are requiring workers to bring serious complaints to arbitration and forbidding employees from participating in class actions. The percentage of companies using arbitration clauses to preclude class-action claims soared to 43% last year from 16% in 2012, according to a survey of nearly 350 companies conducted by management-side...
April 23, 2015
Companies are quietly eliminating a long-held employee privilege: the right to band together to take the boss to court. As employers try to stem the costs of lawsuits, more companies are requiring workers to bring serious complaints to arbitration and forbidding employees from participating in class actions. The percentage of companies using arbitration clauses to preclude class-action claims soared to 43% last year from 16% in 2012, according to a survey of nearly 350 companies conducted by management-side...
DOJ Ordered to Mediate
April 22, 2015
The court required mediation despite an objection from the U.S. Department of Justice that it would be a waste of time; the court quoted research finding that settlement rates and party satisfaction are similar in both mandatory and voluntary mediation. United States v. Tenacious Holdings, Inc., No. 12-00173 (U.S. Ct. Int’l Trade, September 2, 2014)
April 22, 2015
The court required mediation despite an objection from the U.S. Department of Justice that it would be a waste of time; the court quoted research finding that settlement rates and party satisfaction are similar in both mandatory and voluntary mediation. United States v. Tenacious Holdings, Inc., No. 12-00173 (U.S. Ct. Int’l Trade, September 2, 2014)
Successful Mediation Of Estate Litigation
April 22, 2015
Mediation, always a good idea in civil cases, is an especially attractive option in contested estates. The first reason...
April 22, 2015
Mediation, always a good idea in civil cases, is an especially attractive option in contested estates. The first reason...
Why Law Schools Are Losing Relevance — And How They’re Trying To Win It Back
April 22, 2015
Law schools across the country are facing their lowest enrollment numbers in years, causing some to slash their budgets and revamp their programs in an effort to attract students worried about finding a job in a diminished legal industry. Nearly 46,000 people have applied so far to go to an accredited U.S. law school in the most recent admissions cycle, a figure that puts applications on track to hit just short of 53,000 total. By comparison, there were a total of 77,000 applicants in 2010 and 90,000...
April 22, 2015
Law schools across the country are facing their lowest enrollment numbers in years, causing some to slash their budgets and revamp their programs in an effort to attract students worried about finding a job in a diminished legal industry. Nearly 46,000 people have applied so far to go to an accredited U.S. law school in the most recent admissions cycle, a figure that puts applications on track to hit just short of 53,000 total. By comparison, there were a total of 77,000 applicants in 2010 and 90,000...
Process, Discipline and Patience: The Keys to Effective Mediation
April 21, 2015
Most cases settle, but not all settlements are achieved efficiently or effectively. We recently concluded a series of mediations in factually similar cases, with different opposing counsel, different mediators and in venues across the country. Those cases provided a case study of sorts for better understanding when mediation makes sense, and what lawyers can do to best position their cases for an effective resolution. Is Mediation Appropriate? The decision to engage in mediation should not be automatic,...
April 21, 2015
Most cases settle, but not all settlements are achieved efficiently or effectively. We recently concluded a series of mediations in factually similar cases, with different opposing counsel, different mediators and in venues across the country. Those cases provided a case study of sorts for better understanding when mediation makes sense, and what lawyers can do to best position their cases for an effective resolution. Is Mediation Appropriate? The decision to engage in mediation should not be automatic,...
Analyzing Complex Negotiations
April 21, 2015
Complex negotiations have been conducted for a long time, although until somewhat recently analysts had yet to conceptualize their fundamental nature, their essential elements, and the relationship between these elements. Over the past forty years, however, scholars have gained increasing understanding of the forces that shape negotiation complexity. In this article, I first review literature that has explored complex negotiations, which is found primarily in negotiation studies, and studies of international...
April 21, 2015
Complex negotiations have been conducted for a long time, although until somewhat recently analysts had yet to conceptualize their fundamental nature, their essential elements, and the relationship between these elements. Over the past forty years, however, scholars have gained increasing understanding of the forces that shape negotiation complexity. In this article, I first review literature that has explored complex negotiations, which is found primarily in negotiation studies, and studies of international...
Test Yourself: Are You Being Tricked by Intuition?
April 21, 2015
What's your default mode for judgments and decisions? To find out, take this (very short) cognitive-reflection test, which was created by Shane Frederick at Yale and originally appeared in The Journal of Economic Perspectives. At the end, you’ll receive feedback on your answers and gain insight into how you arrived at them. Doug Noll and I do a deep dive into impact in mediation at Pepperdine: http://law.pepperdine.edu/straus/training-and-conferences/professional-skills-program/malibu/tactical-interventions.htm
April 21, 2015
What's your default mode for judgments and decisions? To find out, take this (very short) cognitive-reflection test, which was created by Shane Frederick at Yale and originally appeared in The Journal of Economic Perspectives. At the end, you’ll receive feedback on your answers and gain insight into how you arrived at them. Doug Noll and I do a deep dive into impact in mediation at Pepperdine: http://law.pepperdine.edu/straus/training-and-conferences/professional-skills-program/malibu/tactical-interventions.htm
Adobe Acrobat’s Next Version Puts Paper in the Cloud
April 20, 2015
Sometime in the next 30 days, Adobe will launch the latest version of its popular Acrobat PDF software, and it will be notably...
April 20, 2015
Sometime in the next 30 days, Adobe will launch the latest version of its popular Acrobat PDF software, and it will be notably...
