Keys to the court house
The contingent-fee option enables a claimant who has a valuable claim but can't afford hourly fees to hire a lawyer. He pays with a promise to share his recovery with the lawyer in return for the lawyer's sharing the many risks of pursuing a claim — including the risk of
In the last two weeks, the Supreme Court of Texas ruled as follows in the 11 cases it decided:
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.
A 2-1 panel of he Tenth Circuit today affirmed a $16.5 million award to a subclass of AT&T's California residential landline customers for overcharges on the carrier's contributions to the Universal Service Fund. Cummings v. AT&T Corp., No. 09-3059 (10th Cir. Sept. 20, 2010) (applying New York law).
A Kansas City jury found in November 2008
Back in April, Blawgletter read the Court's decision in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198 (U.S. Apr. 27, 2010), to mean that arbitrators "will have no choice but to deny almost all class certification requests."
The Stolt-Nielsen majority held, 5-3, that an arbitration panel exceeds its authority under the federal Arbitration Act
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
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