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Class Action Waiver in Arbitration Agreement Will Be Strictly Enforced Under the Federal Arbitration Act
July 2, 2013
The Court on Thursday continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual claim in arbitration exceeds the potential recovery. The Court’s opinion likely makes such class action waivers ironclad in the absence of specific legislation to the contrary or evidence – such as unconscionability under state law – that...
July 2, 2013
The Court on Thursday continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual claim in arbitration exceeds the potential recovery. The Court’s opinion likely makes such class action waivers ironclad in the absence of specific legislation to the contrary or evidence – such as unconscionability under state law – that...
Will Written on Tablet Computer Because No Paper Was at Hand is Valid, Judge Rules
July 1, 2013
An Ohio judge has ruled that a will written on a Samsung Galaxy tablet computer, because no paper was available, is valid. Under...
July 1, 2013
An Ohio judge has ruled that a will written on a Samsung Galaxy tablet computer, because no paper was available, is valid. Under...
Retaliation: University of Texas Southwestern Medical Center v. Nassar
July 1, 2013
This is a case about the standard for proving retaliation in violation of Title VII of the Civil Rights Act. The statute’s focus is on prohibiting employment discrimination. But to ensure the effective enforcement of the statute, it also prohibits an employer from retaliating against a worker for complaining about employment discrimination (for example, by filing a complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII). Title VII has been characterized...
July 1, 2013
This is a case about the standard for proving retaliation in violation of Title VII of the Civil Rights Act. The statute’s focus is on prohibiting employment discrimination. But to ensure the effective enforcement of the statute, it also prohibits an employer from retaliating against a worker for complaining about employment discrimination (for example, by filing a complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII). Title VII has been characterized...
Res Judicata from Arbitration
July 1, 2013
The parties arbitrated whether certain offshore oil dealings violated RICO. Grynberg v. BP, PLC, No. 12-20291 (June 7, 2013, unpublished). The arbitrator found that the claimant did not establish damage and dismissed that claim, noting that he lacked authority to determine whether any criminal violation of RICO occurred. The Fifth Circuit affirmed the dismissal of a subsequent RICO lawsuit on the grounds of res judicata, finding that the arbitrator’s ruling was on the merits and not jurisdictional.
July 1, 2013
The parties arbitrated whether certain offshore oil dealings violated RICO. Grynberg v. BP, PLC, No. 12-20291 (June 7, 2013, unpublished). The arbitrator found that the claimant did not establish damage and dismissed that claim, noting that he lacked authority to determine whether any criminal violation of RICO occurred. The Fifth Circuit affirmed the dismissal of a subsequent RICO lawsuit on the grounds of res judicata, finding that the arbitrator’s ruling was on the merits and not jurisdictional.
Law Firms Regain Some Pricing Power
July 1, 2013
Law firms are regaining some of their pricing power after years of cutbacks and client discounts, but they still aren't able...
July 1, 2013
Law firms are regaining some of their pricing power after years of cutbacks and client discounts, but they still aren't able...
ARBITRATION ROUND UP
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
SCOTUS 2012 Term Stat Pack
June 30, 2013
Our final Stat Pack for October Term 2012 is now available, and you can download it in its entirety here. This edition features many of the same figures that we have provided for years now, like the Circuit Scorecard, Frequency in the Majority, and Justice Agreement Rates, as well as many new additions, like an expanded section on merits opinions in historical context, more information on 5-4 cases, and detailed Justice Agreement breakdowns. At the end of this post, we have included a few key takeaways...
June 30, 2013
Our final Stat Pack for October Term 2012 is now available, and you can download it in its entirety here. This edition features many of the same figures that we have provided for years now, like the Circuit Scorecard, Frequency in the Majority, and Justice Agreement Rates, as well as many new additions, like an expanded section on merits opinions in historical context, more information on 5-4 cases, and detailed Justice Agreement breakdowns. At the end of this post, we have included a few key takeaways...
Streaming, Personalized News Radio on Your Mobile? That’s Swell
June 30, 2013
Everyone knows Pandora, right? I remember one of my very early posts on Advocate’s Studio was about the streaming music...
June 30, 2013
Everyone knows Pandora, right? I remember one of my very early posts on Advocate’s Studio was about the streaming music...
Google teaches how to better use Google
June 30, 2013
Even though Google has become an essential tool for lawyers, many attorneys use only a small fraction of its features. They...
June 30, 2013
Even though Google has become an essential tool for lawyers, many attorneys use only a small fraction of its features. They...
Corporate Counsel Shift $5.8 Billion In House
June 30, 2013
BTI Consulting Group’s research sees projected 2013 growth of only 1.8% in outside counsel spending. Corporate legal departments shifted $5.8 billion from their outside counsel budget to internal spending. BTI Consulting Group's newest release of BTI Benchmarking Corporate Counsel Management Strategies reveals corporate counsel at the world’s largest companies continue to move dollars in house—and away from outside counsel. The shift drives a paltry projected 2013 growth of 1.8% in outside...
June 30, 2013
BTI Consulting Group’s research sees projected 2013 growth of only 1.8% in outside counsel spending. Corporate legal departments shifted $5.8 billion from their outside counsel budget to internal spending. BTI Consulting Group's newest release of BTI Benchmarking Corporate Counsel Management Strategies reveals corporate counsel at the world’s largest companies continue to move dollars in house—and away from outside counsel. The shift drives a paltry projected 2013 growth of 1.8% in outside...
