Posts tagged as:

arbitration

February 8 roundup

by Walter Olson on February 8, 2012

  • Popular proposal to curb Congressional insider trading (“STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"] A contrary view: Bainbridge.
  • Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller]
  • Bribing the states to spend: follies of our fiscal federalism, and other themes from Michael Greve’s new book The Upside-Down Constitution [LLL, more, yet more] “Atlas Croaks, Supreme Court Shrugs” [Greve, Charleston Law Review; related, Ted Frank]
  • “… Daubert Relevancy is the Sentry That Guards Against the Tyranny of Experts” [David Oliver on new First Circuit opinion or scroll to Jan. 23]
  • Goodbye old political tweets, Eric Turkewitz is off to trial;
  • State laws squelch election speech, and political class shrugs (or secretly smiles) [George Will]
  • Too bad Carlyle Group got scared off promising experiment to revamp corporate governance to curb role of litigation [Ted Frank, Gordon Smith] AAJ should try harder to use people’s quotes in context [Bainbridge]

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January 23 roundup

by Walter Olson on January 23, 2012

  • Copyright violations on PIPA sponsors’ websites? [VICE] “A SOPA Analogy” [David Henderson]
  • DEA agent who mistakenly shot self loses appeal [BLT, earlier]
  • “And people say libertarians lack empathy”: AP adopts pre-emptively disapproving tone toward advances in pain control [Coyote; related, Alkon on Primatene Mist]
  • Cordray, NLRB recess picks allow President to reward key Democratic interest groups [Copland, Examiner] Litigation Lobby gunning for ban on consumer finance arbitration as Cordray priority [CL&P] Mike Rappaport on the recess appointment clause [LLL, earlier here, etc.]
  • Keystone’s just the half of it: US environmental funders push shutdown of Canada energy production [Vivian Krause, Financial Post]
  • Hot potato, or just hot business sector? “Credit Suisse Parts with Litigation Finance Group” [WSJ Law Blog]
  • Speaking of shoplifters in elected office [Harrisburg Patriot-News on Perry County, Pa. case h/t commenter A.A.; earlier on California case]

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January 16 roundup

by Walter Olson on January 16, 2012

  • Per Chevron, Kerry Kennedy getting undisclosed percentage of the take, potentially in millions, to side with plaintiffs in Ecuador suit [NY Post] Long New Yorker take-out on case [Patrick Radden Keefe]
  • Freetail Brewing fields a nastygram: “How to Comply With a Cease-and-Desist Letter But Still Win” [Lowering the Bar]
  • I.e. boycotts illegal? Odd Minnesota law bans economic “reprisals” based on “political activity.” [Volokh]
  • “Chris McGrath v. Vaughan Jones: An Unpleasant Peek Into U.K. Libel Law” [Popehat; suit over science-and-theology book review] Related: “You Can’t Read This Book: why libel tourists love London” [Nick Cohen, Guardian, on his new book]
  • Business experience isn’t be-all or end-all for presidential qualifications, but might avert some policy howlers [Kling]
  • “Arbitration Is Here to Stay and One Lawyer Says That Is Good for Consumers” [Alan Kaplinsky interview, Mickey Meese/Forbes, PoL]
  • Off-topic random thought: “Iranian nuclear scientist who moonlights in Broadway Spider-Man cast” must be world’s most uninsurable job description;
  • “D.C. Lawmakers Propose Requiring Students to Apply to College” [Fox]

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  • NLRB rules employment contracts that specify arbitration for group grievances violate federal labor law even in nonunion workplaces [D. R. Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel]
  • Richard Epstein on “living wage” legislation [Defining Ideas]
  • In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters]
  • “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if convicted on felony charges of misappropriation of public funds, Beverly Hills school superintendent unlikely to forfeit pension [LA Times]
  • “Against Forced Unionization of Independent Workers” [Ilya Shapiro on Cato amicus brief in Harris v. Quinn]
  • Whoops: UAW officials appeal extortion sentence, 6th Circuit sends it back as too lenient [AutoBlog via Kaus]
  • New York appeals court makes it harder to get weak NYC job-bias cases dismissed on summary judgment [Judy Greenwald, Business Insurance] Connecticut’s job-bias commission doesn’t seem to consider any cases frivolous any more [Daniel Schwartz]

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November 8 roundup

by Walter Olson on November 8, 2011

Remember the “Halliburton rape” case, where the national media uncritically passed along claims that a young woman had been viciously assaulted by co-workers while stationed in the Middle East, then confined to a container by beastly managers when she tried to complain, and finally suffered the ultimate indignity when her employment contract required her to submit the claims to arbitration? It’s a tale that was advanced by politicians like Sen. Al Franken (D-Minn.), by some of the usual suspects in opinion journalism, and especially by the litigation lobby as part of its campaign against contractually provided-for arbitration (as with the much-reviewed, HBO-aired “Hot Coffee“). Not a few of these advocates — like the left-leaning ThinkProgress — threw “allegedly” to the winds and flatly accused the co-workers of rape.

Unless you’d read one of the very few skeptical evaluations of the case — many of them written by Ted Frank — you may have been shocked this July when a Houston jury summarily rejected Jamie Leigh Jones’s lawsuit. Now — better late than never — the Houston Chronicle shreds the popular narrative of the affair and its media coverage in particular (ABC News: a tale of “sexual brutality, corporate indifference and government inaction.”) Is it too much to hope that anyone will be embarrassed enough to apologize?

More: As commenter E-Bell notes, journalist Stephanie Mencimer, with whom we’ve had our differences in the past, deserves due credit for this July coverage in the unlikely venue of Mother Jones. And quoth @Popehat: “‘Putting the victim on trial’ is code for ‘defending yourself and testing the evidence.’”

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On upholding consumer and employee agreements to arbitrate, as in the days before the telegraph, it can take a while for the word to get from D.C. to the West Coast. [Cal Biz Lit]

July 10 roundup

by Walter Olson on July 10, 2011

  • Jury rejects Jamie Leigh Jones rape claim against Halliburton/KBR. Next, a round of apologies from naive commentators and some who used the case to advance anti-arbitration talking points? [WSJ; Ted Frank/PoL and more; WSJ Law Blog (plaintiff's lawyers sought shoot-the-moon damages)]
  • Time magazine vs. James Madison on constitutional law (spoiler: Madison wins) [Foster Friess via Ira Stoll]
  • Andrew Trask reviews new Curtis Wilkie book on the Dickie Scruggs scandal;
  • “Right to family life” evolution in human rights law deters UK authorities from deporting various bad actors [Telegraph]
  • Paging Benjamin Barton: How discovery rules enrich the legal profession at the expense of the social good [PoL]
  • USDA heeds politics, not science, on genetic crops [Henry Miller/Gregory Conko, PDF, Cato Institute Regulation]
  • “Legal Questions Raised by Success of Monkey Photographer” [Lowering the Bar]

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Contractually stipulated arbitration works less poorly than the NYT editorialists seem to think — and lawyer-driven class action litigation not nearly as well [Daniel Fisher, Forbes, more]

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May 4 roundup

by Walter Olson on May 4, 2011

November 12 roundup

by Walter Olson on November 12, 2010

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November 9 roundup

by Walter Olson on November 9, 2010

  • White House panel’s counsel: no evidence corner-cutting caused Gulf spill [NYT, Reuters] Furor ensues [WaPo]
  • Report: grief counselors assigned to Democratic congressional staffers [Maggie Haberman, Politico]
  • “Lawyer Sues for Humiliation and Lost Business Due to Misspelled Yellowbook Ad” [ABA Journal, South Dakota]
  • Argument today in important Supreme Court case, AT&T Mobility v. Concepcion: will courts respect freedom of contract in consumer arbitration context, or yield Litigation Lobby the monopoly it seeks over dispute resolution? [Ted at PoL]
  • No search warrant needed: armed deputies in Orlando storm unlicensed barbershops, handcuff barbers [Balko, Reason "Hit and Run"]
  • After Colorado hit-run, banker allowed to plead down to misdemeanors lest his job be at risk [Greenfield]
  • FDA to decide whether to ban menthol in cigarettes [CEI]
  • Reshuffling blackjack decks is not “racketeering” [ten years ago on Overlawyered]

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For a number of years organized trial lawyerdom has made it a top priority to attack contractual clauses providing for arbitration of employment, consumer and other disputes, arguing that only litigation — that is to say, their own services — can provide the needed fairness, deterrence and compensation. Such is the Litigation Lobby’s overreach in this matter that even a veteran liberal, former Ninth Circuit judge and Carter education secretary Shirley Hufstedler, is constrained (with co-author William Webster) to part company with bills introduced by Wisconsin Senator Russ Feingold and others: “Astonishingly, such legislation would effectively abolish arbitration as a viable alternative for such disputes.” [National Law Journal]

September 20 roundup

by Walter Olson on September 20, 2010

  • “Family sues for $25 million over death of Virginia Beach homeless man” [Pilot Online]
  • New paper proposes voucherizing indigent criminal defense [Stephen Schulhofer and David Friedman, Cato Institute, more]
  • “Why the Employee Free Choice Act Has, and Should, Fail” [Richard Epstein, SSRN]
  • Free-market lawprofs file brief in class action arbitration case, Concepcion v. AT&T [PoL]
  • Enactment of Dodd-Frank law results in flood of whistleblower-suit leads for plaintiff’s bar [Corporate Counsel, ABA Journal] “Will Whistle-Blowing Be Millions Well Spent?” [Perlis/Chais, Forbes]
  • Sept. 28 in House: “Congressional Hearing on the Problems of Overcriminalization” [NACDL]
  • Abusive-litigation angle seen in NYC mosque controversy [Painter, Legal Ethics Forum]
  • Snark alert: Mr. Soros does something nice for Human Rights, and Human Rights does something nice for him [Stoll]

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The Center for Class Action Fairness filed an amicus brief yesterday on behalf of consumers in the Supreme Court case of AT&T Mobility v. Concepcion; Public Citizen brought a suit successfully striking an arbitration provision in a cell-phone contract as “unconscionable” because it did not provide for bringing class actions—even though consumers as a whole would be better off with the generous arbitration provision than with opportunity for the class action. Of course, then trial lawyers lose out. More at Point of Law; and Public Citizen’s page on the case has other briefs and links to (generally pro-trial-lawyer) blog commentary.

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June 16 roundup

by Walter Olson on June 16, 2010

  • Shameless: House leadership exempts NRA lest it sink bill to regulate political speech [John Samples, Cato]
  • Employment law: “Arbitration Showdown Looms Between Congress, Supreme Court” [Coyle, NLJ]
  • “Wake Up, Fellow Law Professors, to the Casualties of Our Enterprise” [Tamanaha, Balkinization]
  • Move to allow international war crimes trials over “aggression,” a notoriously slippery term [Anderson, Brett Schaefer/NRO "Corner" via Ku]
  • Litigation slush funds: “Cy pres bill in Ohio House” [Ted Frank, CCAF]
  • “Recent Michigan Prosecutions for ‘Seducing an Unmarried Woman’” [Volokh]
  • Scalia: “…least analytically rigorous and hence most subjective of law-school subjects, legal ethics” [LEF]
  • Silicosis settlement scandal update: “As 2 Insurance Execs Admit Bribes, PI Lawyer Says He Can’t Be Retried” [Houston Chronicle via ABA Journal, earlier]

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New at Point of Law

by Walter Olson on February 20, 2010

Things you’re missing if you aren’t checking out my other site:

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July 23 roundup

by Walter Olson on July 23, 2009

  • San Jose man says PlayStation online game network is public forum and sues Sony pro se for kicking him off it [Popehat] More: Ambrogi, Legal Blog Watch.
  • “Teacher lets kids climb hill, cops come calling” [Santa Barbara, Calif.; Free Range Kids]
  • Tip for journalists covering trials: stalk the rest rooms [Genova]
  • Lake Erie villages turn off street lights in summer to avoid attracting mayflies, town now sued over driver-jogger collision [Columbus Dispatch]
  • Some lawyers anticipate “astronomical” municipal liability from West Portal train collision in San Francisco [SF Weekly]
  • Radical notion: before filing lawsuit charging consumer fraud, maybe plaintiff should notify merchant and ask to have problem fixed [New Jersey Lawsuit Reform Watch]
  • No jurisdiction: Eleventh Circuit overturns contempt finding against Scruggs in Rigsby case [Freeland]
  • Successful trial lawyer campaign against arbitration is throwing credit card business into turmoil [ABA Journal, Wood @ Point of Law, Ambrogi/Legal Blog Watch (conflict of interests at one large arbitration supplier)]