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11th Circuit: Arbitration Agreement Printed on Outside Packaging Fully Enforceable
November 28, 2018
In a recent decision from the 11th Circuit, the court found that an arbitration agreement printed on the outside wrapper of a package of roofing shingles is fully enforceable if a consumer purchases, opens, and retains the product. Dye v. Tamko Bldg. Prod., Inc., No. 17-14052 (11th Cir. Nov. 2, 2018) (click here for a copy of the decision). A picture of the packaging appears on this blog page, although the print is too tiny to view with this low quality picture. It appears that one entire side...
November 28, 2018
In a recent decision from the 11th Circuit, the court found that an arbitration agreement printed on the outside wrapper of a package of roofing shingles is fully enforceable if a consumer purchases, opens, and retains the product. Dye v. Tamko Bldg. Prod., Inc., No. 17-14052 (11th Cir. Nov. 2, 2018) (click here for a copy of the decision). A picture of the packaging appears on this blog page, although the print is too tiny to view with this low quality picture. It appears that one entire side...
Communication for Online Negotiation
November 27, 2018
People tend to share more information when in person, but in online negotiations, they tend to hold back private information....
November 27, 2018
People tend to share more information when in person, but in online negotiations, they tend to hold back private information....
Not Remembering Signing Arbitration Agreement Doesn’t Mean You Didn’t Sign It
November 27, 2018
Another day, another arbitration compelled, this time in a recent case out of the Northern District of Illinois, Nitka v. ERJ Dining IV, LLC, Case No. 18 cv 3279. The plaintiff sued the defendant for sexual harassment, sex discrimination, and assault and battery. The defendant countered that the plaintiff had signed an agreement to arbitrate disputes relating to her employment, which these were. The plaintiff stated she had no memory of signing the arbitration agreement, but the defendant's Vice...
November 27, 2018
Another day, another arbitration compelled, this time in a recent case out of the Northern District of Illinois, Nitka v. ERJ Dining IV, LLC, Case No. 18 cv 3279. The plaintiff sued the defendant for sexual harassment, sex discrimination, and assault and battery. The defendant countered that the plaintiff had signed an agreement to arbitrate disputes relating to her employment, which these were. The plaintiff stated she had no memory of signing the arbitration agreement, but the defendant's Vice...
Appellate Jurisdiction Sails Away in Fifth Circuit Coverage Dispute
November 26, 2018
The issue in SCF Waxler Marine LLC v. Aris T MV was whether the excess insurers for a multi-vessel accident could enforce a “Crown Zellerbach clause,” and thus limit their liability to the value of the insured vessel. (The vessel at issue, the Aris T (right) is presently in the Atlantic en route to Rotterdam from Mobile.) The Fifth Circuit found that it lacked appellate jurisdiction over the district court’s ruling that the excess insurers could enforce such a clause: “The fundamentals...
November 26, 2018
The issue in SCF Waxler Marine LLC v. Aris T MV was whether the excess insurers for a multi-vessel accident could enforce a “Crown Zellerbach clause,” and thus limit their liability to the value of the insured vessel. (The vessel at issue, the Aris T (right) is presently in the Atlantic en route to Rotterdam from Mobile.) The Fifth Circuit found that it lacked appellate jurisdiction over the district court’s ruling that the excess insurers could enforce such a clause: “The fundamentals...
The Fights Over Arbitration Clauses Continue
November 26, 2018
Alison Frankel has a write-up of A-1 Premium Acceptance, Inc v. Hunter, No. SC96672, a case out of Missouri that refuses to substitute an arbitrator when the arbitrator named in the arbitration clause is no longer available (in this case, the specified National Arbitration Forum no longer provides arbitration services on consumer loans like in the contract at issue here). This is yet another court weighing in on a split that's developed: Can arbitration be compelled when the arbitration clause specified...
November 26, 2018
Alison Frankel has a write-up of A-1 Premium Acceptance, Inc v. Hunter, No. SC96672, a case out of Missouri that refuses to substitute an arbitrator when the arbitrator named in the arbitration clause is no longer available (in this case, the specified National Arbitration Forum no longer provides arbitration services on consumer loans like in the contract at issue here). This is yet another court weighing in on a split that's developed: Can arbitration be compelled when the arbitration clause specified...
The Marriage of Artificial Intelligence & Blockchain in International Arbitration: A Peak into the Near Future!!!
November 25, 2018
Two of the most frequent buzz words in our world right now are without doubt: Blockchain & Artificial Intelligence (“AI”)....
November 25, 2018
Two of the most frequent buzz words in our world right now are without doubt: Blockchain & Artificial Intelligence (“AI”)....
Big Bang: You Could Feel This Texan’s Divorce Being Finalized 15 Miles Away
November 25, 2018
Kimberly Santleben-Stiteler held her breath for just a second as she squeezed the trigger of the scoped rifle. When the glow of that great big orange explosion lit up her face Saturday night, she says waves of relief — or maybe it was adrenaline — flowed throughout the rest of her body. That garage-sized fireball had just killed .... her wedding dress. Her marriage of 14 years had finally been put out of its misery the day before in a Medina County courtroom, family members say.
November 25, 2018
Kimberly Santleben-Stiteler held her breath for just a second as she squeezed the trigger of the scoped rifle. When the glow of that great big orange explosion lit up her face Saturday night, she says waves of relief — or maybe it was adrenaline — flowed throughout the rest of her body. That garage-sized fireball had just killed .... her wedding dress. Her marriage of 14 years had finally been put out of its misery the day before in a Medina County courtroom, family members say.
LinkedIn is Becoming More Like Facebook
November 24, 2018
No question that LinkedIn’s social algorithms are improving. Having the right stuff from the right people land in front of us at the right time is no accident. Neither is the feeling we get to engage in this community discussion. LinkedIn’s social algorithms are no where near as good as Facebook’s, but the fact they are driving participation and engagement is great to see. Know that you get what you put into social media, especially when it comes to making the social algorithms work for you. Liberally...
November 24, 2018
No question that LinkedIn’s social algorithms are improving. Having the right stuff from the right people land in front of us at the right time is no accident. Neither is the feeling we get to engage in this community discussion. LinkedIn’s social algorithms are no where near as good as Facebook’s, but the fact they are driving participation and engagement is great to see. Know that you get what you put into social media, especially when it comes to making the social algorithms work for you. Liberally...
Legal Tech Entrepreneur and Blogger Ivy Grey Joins WordRake
November 24, 2018
Ivy B. Grey, a well-known legal technology entrepreneur and blogger, has joined legal-editing software company WordRake as director of business strategy, the company is announcing today. Grey will be responsible for helping to accelerate WordRake’s growth and further develop the software. “Lawyers in thousands of law firms rely on WordRake for clear and concise writing, and they regard fellow lawyer Ivy Grey as a proofreading and editing expert who understands their writing challenges...
November 24, 2018
Ivy B. Grey, a well-known legal technology entrepreneur and blogger, has joined legal-editing software company WordRake as director of business strategy, the company is announcing today. Grey will be responsible for helping to accelerate WordRake’s growth and further develop the software. “Lawyers in thousands of law firms rely on WordRake for clear and concise writing, and they regard fellow lawyer Ivy Grey as a proofreading and editing expert who understands their writing challenges...
Beyond Physicians: The Effect of Licensing and Liability Laws on the Supply of Nurse Practitioners and Physician Assistants
November 23, 2018
The increased use of nurse practitioners (NPs) and physician assistants (PAs) represents an important option for increasing access to healthcare. I explore the effect of two types of laws on the supply of NPs and PAs: occupational licensing laws that limit the practices of NPs and PAs and caps on noneconomic damages. Relaxing licensing laws to allow NPs to practice with less physician oversight increases the supply of NPs in areas with few practicing physicians by 60 percent—though the size of this...
November 23, 2018
The increased use of nurse practitioners (NPs) and physician assistants (PAs) represents an important option for increasing access to healthcare. I explore the effect of two types of laws on the supply of NPs and PAs: occupational licensing laws that limit the practices of NPs and PAs and caps on noneconomic damages. Relaxing licensing laws to allow NPs to practice with less physician oversight increases the supply of NPs in areas with few practicing physicians by 60 percent—though the size of this...
