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SCOTUS Allows California to Interpret Federal Arbitration Act As Excluding Private Attorney General Claims
February 3, 2015
Today, the U.S. Supreme Court denied the petition for certiorari in the Iskanian case from the California Supreme Court. In doing so, SCOTUS allowed one of the most interesting Federal Arbitration Act interpretations in recent years to stand. As you may recall, the decision held that the Federal Arbitration Act did not apply to labor code enforcement lawsuits brought by employees pursuant to California’s Private Attorneys General Act. The California court reasoned that those claims are really...
February 3, 2015
Today, the U.S. Supreme Court denied the petition for certiorari in the Iskanian case from the California Supreme Court. In doing so, SCOTUS allowed one of the most interesting Federal Arbitration Act interpretations in recent years to stand. As you may recall, the decision held that the Federal Arbitration Act did not apply to labor code enforcement lawsuits brought by employees pursuant to California’s Private Attorneys General Act. The California court reasoned that those claims are really...
Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey
February 2, 2015
Symeon C. Symeonides, Alex L. Parks Distinguished Professor of Law and Dean Emeritus at the Willamette University College of Law has published “Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey,” American Journal of Comparative Law, Vol. 63, No. 2, 2015. In his paper, Professor Symeonides examines significant American conflict-of-law appellate decisions from the 2014 calendar year, including a number of arbitration cases. Here is the abstract: This is the Twenty-Eighth...
February 2, 2015
Symeon C. Symeonides, Alex L. Parks Distinguished Professor of Law and Dean Emeritus at the Willamette University College of Law has published “Choice of Law in the American Courts in 2014: Twenty-Eighth Annual Survey,” American Journal of Comparative Law, Vol. 63, No. 2, 2015. In his paper, Professor Symeonides examines significant American conflict-of-law appellate decisions from the 2014 calendar year, including a number of arbitration cases. Here is the abstract: This is the Twenty-Eighth...
Second Circuit Un-Vacates Arbitration Award, Finding No Manifest Disregard
February 2, 2015
The Second Circuit reversed a district court’s vacatur of an arbitration award this week, finding that the arbitration panel did not manifestly disregard the law when it refused the respondent’s reading of a state statute. Sotheby’s Int’l Realty, Inc. v. Relocation Group, LLC, 2015 WL 64265 (2d Cir. Jan. 6, 2015). In doing so, the Second Circuit suggests that 2014’s theme (arbitrator authority) is continuing into the new year. The dispute in Sotheby’s was between two realty firms...
February 2, 2015
The Second Circuit reversed a district court’s vacatur of an arbitration award this week, finding that the arbitration panel did not manifestly disregard the law when it refused the respondent’s reading of a state statute. Sotheby’s Int’l Realty, Inc. v. Relocation Group, LLC, 2015 WL 64265 (2d Cir. Jan. 6, 2015). In doing so, the Second Circuit suggests that 2014’s theme (arbitrator authority) is continuing into the new year. The dispute in Sotheby’s was between two realty firms...
Court ADR Trends for 2015
February 2, 2015
The joint session in jeopardy A major topic of discussion this year was the increasing tendency for parties and their advocates to avoid the joint session in mediation. A wide-ranging discussion of how this trend affects the integrity of the mediation process and whether the shift can be turned back is sure to continue for some time to come. More research into what actually happens during mediation The focus of mediation research is moving beyond studying outcomes and the effects of case...
February 2, 2015
The joint session in jeopardy A major topic of discussion this year was the increasing tendency for parties and their advocates to avoid the joint session in mediation. A wide-ranging discussion of how this trend affects the integrity of the mediation process and whether the shift can be turned back is sure to continue for some time to come. More research into what actually happens during mediation The focus of mediation research is moving beyond studying outcomes and the effects of case...
Arbitration Agreement Does Not Preclude Lawsuit By Chiropractor Against Employer
February 2, 2015
“An Ohio chiropractor can bring a lawsuit against Aetna Inc in federal court despite having already settled his claims against the company, a U.S. judge has ruled. U.S. District Judge Michael Shipp in New Jersey said last week that an arbitration agreement between chiropractor Peter Manz and Aetna was not binding because his claims arose from a health insurance plan governed by the federal Employee Retirement Income Security Act. The ruling applies a similar decision last May from the 3rd U.S....
February 2, 2015
“An Ohio chiropractor can bring a lawsuit against Aetna Inc in federal court despite having already settled his claims against the company, a U.S. judge has ruled. U.S. District Judge Michael Shipp in New Jersey said last week that an arbitration agreement between chiropractor Peter Manz and Aetna was not binding because his claims arose from a health insurance plan governed by the federal Employee Retirement Income Security Act. The ruling applies a similar decision last May from the 3rd U.S....
Is Being a Worrier a Sign of Intelligence?
February 1, 2015
We usually see worry as a bad thing. It feels unpleasant, like a snake coiling in the pit of your stomach. And worriers are often considered weak links in a team - negative influences who lack confidence. But of course, anxiety has a useful function. It's about anticipating and preparing for threats, and learning from past mistakes. Increasingly psychologists are recognising the strengths of anxious people. For example, there's research showing that people more prone to anxiety are quicker to detect...
February 1, 2015
We usually see worry as a bad thing. It feels unpleasant, like a snake coiling in the pit of your stomach. And worriers are often considered weak links in a team - negative influences who lack confidence. But of course, anxiety has a useful function. It's about anticipating and preparing for threats, and learning from past mistakes. Increasingly psychologists are recognising the strengths of anxious people. For example, there's research showing that people more prone to anxiety are quicker to detect...
Times and Other News Organizations to Test Use of Drones
February 1, 2015
A coalition of 10 news organizations, including The New York Times, The Washington Post and NBCUniversal, has formed a partnership with Virginia Tech to test drones for news gathering, the companies said on Thursday. The partnership, the companies said in a statement, is “designed to conduct controlled safety testing of a series of real-life scenarios where the news media could use small U.A.S. technology to gather the news.” The college is one of six sites designated by the Federal Aviation...
February 1, 2015
A coalition of 10 news organizations, including The New York Times, The Washington Post and NBCUniversal, has formed a partnership with Virginia Tech to test drones for news gathering, the companies said on Thursday. The partnership, the companies said in a statement, is “designed to conduct controlled safety testing of a series of real-life scenarios where the news media could use small U.A.S. technology to gather the news.” The college is one of six sites designated by the Federal Aviation...
Marriott Saga Shows Hotels Must Stop the WiFi Racket
February 1, 2015
In October, Marriott International paid a $600,000 civil penalty for jamming its US customers’ WiFi services. Just before new year, the hotel group pleaded for understanding, saying it was only trying to protect its guests’ online security — attracting the scorn of technology writers who said people looked after themselves all the time without Marriott’s protection. The story began in March 2013 when someone attending a function at the Marriott-run Gaylord Opryland Hotel in Nashville...
February 1, 2015
In October, Marriott International paid a $600,000 civil penalty for jamming its US customers’ WiFi services. Just before new year, the hotel group pleaded for understanding, saying it was only trying to protect its guests’ online security — attracting the scorn of technology writers who said people looked after themselves all the time without Marriott’s protection. The story began in March 2013 when someone attending a function at the Marriott-run Gaylord Opryland Hotel in Nashville...
The Big Story at Next Week’s LegalTech Isn’t a Product, It’s a Person [Monica Bay]
January 31, 2015
Next week’s LegalTech will be a glitzy, bustling showcase of the world’s largest legal technology companies. But amidst it all, one individual may prove to be the biggest story of the show. After a 30-year career with ALM (the legal publishing company that runs LegalTech) and 17 years as editor-in-chief of Law Technology News, Monica Bay is retiring. Her official last day is Feb. 9. If ever there was a giant in the legal technology field, it is Monica. Not only has she been at the helm...
January 31, 2015
Next week’s LegalTech will be a glitzy, bustling showcase of the world’s largest legal technology companies. But amidst it all, one individual may prove to be the biggest story of the show. After a 30-year career with ALM (the legal publishing company that runs LegalTech) and 17 years as editor-in-chief of Law Technology News, Monica Bay is retiring. Her official last day is Feb. 9. If ever there was a giant in the legal technology field, it is Monica. Not only has she been at the helm...
Wolfram|Alpha iOS App is a Swiss Army Knife for Lawyers
January 31, 2015
If ever there was a Swiss Army knife of an app for lawyers, it is the Wolfram Lawyer’s Professional Assistant. This multi-function...
January 31, 2015
If ever there was a Swiss Army knife of an app for lawyers, it is the Wolfram Lawyer’s Professional Assistant. This multi-function...
