Law, Strategy, and Risk in Commercial Disputes
On Nov. 8 and 9, the Supreme Court will take up two cases that hold promise and peril for businesses. Blawgletter sees more cause for businesses to hope than fear.
The first of the pair, Costco Wholesale Corp. v. Omega, S.A., No. 08-1423 (U.S.), deals with the reach of copyright law's "first sale" doctrine. …
Seldom does Blawgletter get the pleasure of reading an Intriguing and Forceful Analysis of a recent and important court of appeals decision. Our dear friend Sam Simon blessed us with his views about In re Ins. Brokerage Antitrust Litig., No. 07-4046 (3d Cir. Aug. 16, 2010) (post here), today. And, with his kind…
The U.S. Senate today confirmed Solicitor General Elena Kagan to succeed Associate Justice John Paul Stevens, who retired in June, on the Supreme Court.
Senators split 63-37 in favor of seating her.
The Senate Judiciary Committee lists these folks who'll testify for/against/about the nomination of Elena Kagan to replace Associate Justice John Paul Stevens:
American Bar Association Witnesses
Kim Askew, Chair, Standing Committee
William J. Kayatta, Jr., First Circuit Representative
Majority Witnesses
Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott
…
The U.S. Supreme Court handed down four decisions today. As the hour has grown late, Blawgletter will give just a thumbnail for each:
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The unconscionable arbitration clause in your job contract says you agree that only the arbitrator may decide the question of unconscionability.
Can a court still declare the unconscionable clause unconscionable, now that you learned your employer may have discriminated against you and people like you on grounds of race?
Or must the court send you to Do Your…
This week — as vast slicks of oil fowled beaches from Louisiana to Florida — the U.S. Supreme Court held against beachfront property owners. The fight involved the question of who owns seven miles of sand touching the Gulf of Mexico in the Florida Panhandle.
The startling thing? Four Justices voted to deem property rulings by state courts of…
Today the U.S. Supreme Court broke 5-3 in favor of a rule against class arbitration.
The majority held that an arbitration panel exceeds its authority under the federal Arbitration Act when it construes an agreement to arbitrate as allowing class treatment of a dispute unless the agreement shows the parties intended to permit such a…
A lawyer who takes a case on a bet that she will win a judgment or settlement risks more than do colleagues who bet nothing on the outcome. We call the latter hourly lawyers. And, more than ever after today, we may deem the former gougers or worse.
For on yesterday the U.S. Supreme Court…
The Supreme Court of Texas today upheld the right to appeal from an order that vacates an arbitration award under the Texas Arbitration Act and directs a rehearing with a different arbitrator.
The Court relied on TAA's provision that "[a] party may appeal a judgment or decree entered under this chapter or an order . . .