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N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
Presumption or Proof? Establishing Irreparable Harm in Trademark Cases after eBay
October 30, 2014
For a plaintiff in a trademark suit, an injunction is the essential element of requested relief. Traditionally, when a plaintiff...
October 30, 2014
For a plaintiff in a trademark suit, an injunction is the essential element of requested relief. Traditionally, when a plaintiff...
Developments in Injunctive Relief in Health Care Patent Cases
October 29, 2014
The past spring saw two significant developments relating to injunctive relief in medical patent litigation. An interim order from Chief Justice Roberts injected ambiguity into the analysis of “at risk” launches in Hatch-Waxman cases. In addition, a district court decision involving cardiovascular technology suggested that patent owners should be able to obtain carefully structured preliminary injunctions against direct competitors. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. On April...
October 29, 2014
The past spring saw two significant developments relating to injunctive relief in medical patent litigation. An interim order from Chief Justice Roberts injected ambiguity into the analysis of “at risk” launches in Hatch-Waxman cases. In addition, a district court decision involving cardiovascular technology suggested that patent owners should be able to obtain carefully structured preliminary injunctions against direct competitors. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. On April...
Lodestar Multiplier Rejected in “Routine” Divorce Case
October 29, 2014
Think twice before handling a so-called routine matter for a friend without a written fee agreement. The Court of Appeal of California, Second Appellate District in Chodos v. Borman recently slashed a jury’s $7.8 million fee award to a lawyer who handled an “unremarkable family law dispute” with no written fee agreement. The appellate court knocked the fee award down to $1.8 million after finding the jury’s application of a lodestar multiplier was inappropriate. In Chodos, an attorney...
October 29, 2014
Think twice before handling a so-called routine matter for a friend without a written fee agreement. The Court of Appeal of California, Second Appellate District in Chodos v. Borman recently slashed a jury’s $7.8 million fee award to a lawyer who handled an “unremarkable family law dispute” with no written fee agreement. The appellate court knocked the fee award down to $1.8 million after finding the jury’s application of a lodestar multiplier was inappropriate. In Chodos, an attorney...
Strong on Arbitration and Other Topics
October 29, 2014
Over the past year Stacie Strong (Missouri) has been publishing a tremendous number of pieces in the area of arbitration, among other things. See here for some of these pieces. Now that I’m teaching Conflicts of Law, I found “Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities” particularly compelling. Here is the abstract: One of the core consequences of globalization has been the rapid increase in transnational litigation and the associated need to enforce...
October 29, 2014
Over the past year Stacie Strong (Missouri) has been publishing a tremendous number of pieces in the area of arbitration, among other things. See here for some of these pieces. Now that I’m teaching Conflicts of Law, I found “Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities” particularly compelling. Here is the abstract: One of the core consequences of globalization has been the rapid increase in transnational litigation and the associated need to enforce...
Five Tips for State Courts Considering Whether to Vacate Arbitration Awards
October 29, 2014
For example, the subset of guidelines for state courts considering whether to vacate an award could include these five pearls of wisdom: Consider whether the Federal Arbitration Act applies to the dispute (ask the parties to brief that issue if they did not already). Do not rely on any cases before 2000. The law in this area has been evolving rapidly. [This could have changed the outcome of both Black Hills and Cedar Fair.] Do not use standards or language from labor law cases when considering...
October 29, 2014
For example, the subset of guidelines for state courts considering whether to vacate an award could include these five pearls of wisdom: Consider whether the Federal Arbitration Act applies to the dispute (ask the parties to brief that issue if they did not already). Do not rely on any cases before 2000. The law in this area has been evolving rapidly. [This could have changed the outcome of both Black Hills and Cedar Fair.] Do not use standards or language from labor law cases when considering...
EnergyBuzz: Arbitration for Energy Disputes
October 29, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.” At the same time, many arbitral forums such as the American Arbitration Association have recently revised their rules in an effort...
October 29, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.” At the same time, many arbitral forums such as the American Arbitration Association have recently revised their rules in an effort...
LegalZoom Teams up With Sam’s Club to Provide Legal Solutions for Small Businesses
October 28, 2014
LegalZoom, the leading provider of online legal solutions, has teamed up with Sam’s Club to offer small business members...
October 28, 2014
LegalZoom, the leading provider of online legal solutions, has teamed up with Sam’s Club to offer small business members...
Supreme Court Reaffirms Fraud-on-the-Market Theory of Reliance
October 28, 2014
After agreeing to revisit its landmark ruling in Basic, Inc. v. Levinson,the U.S. Supreme Court has substantially reaffirmed the decision, which affords plaintiffs in federal securities litigation a rebuttable presumption of reliance when they can establish an open, developed, and efficient market for the stock in question. Halliburton Co. v. Erica P. John Fund, Inc. The Court rejected arguments that its intervening decisions as well as empirical evidence had undermined Basic. Even so, it held that...
October 28, 2014
After agreeing to revisit its landmark ruling in Basic, Inc. v. Levinson,the U.S. Supreme Court has substantially reaffirmed the decision, which affords plaintiffs in federal securities litigation a rebuttable presumption of reliance when they can establish an open, developed, and efficient market for the stock in question. Halliburton Co. v. Erica P. John Fund, Inc. The Court rejected arguments that its intervening decisions as well as empirical evidence had undermined Basic. Even so, it held that...
What is Negotiation?
October 28, 2014
I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque. People have very different ideas about this. And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In a forthcoming article on negotiation theory, I analyzed nine books used as texts in law school negotiation courses. One text makes the following broad statement,...
October 28, 2014
I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque. People have very different ideas about this. And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In a forthcoming article on negotiation theory, I analyzed nine books used as texts in law school negotiation courses. One text makes the following broad statement,...
