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April 27, 2010 |

Stolt-Nielsen S.A. v. Animalfeeds International Corp.

Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
7 minute read
September 24, 1999 |

Employment Arbitration: Courts Safeguard Employee Rights

The law governing arbitration of employment disputes has undergone a remarkable evolution. At the beginning of the 1990's, the Supreme Court in Gilmer v. Interstate/Johnson Lane Corp. endorsed mandatory arbitration to resolve age discrimination claims. Federal courts are now recognizing, however, that arbitration sometimes favors employers unfairly. Judges have started to issue rulings intended to ensure that arbitration is in fact the neutral forum originally contemplated by the Supreme Court.
12 minute read
May 05, 1999 |

Resistance to Arbitration Is Evident in First Circuit's 'Rosenberg' Ruling

The recent decision by the First Circuit in Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith Inc. has been interpreted as favoring arbitration of statutory employment claims. As such, it is in line with many recent decisions, including the Supreme Court's Gilmer opinion, upholding pre-dispute arbitration clauses. But Rosenberg also has a second, anti-arbitration theme that reflects a continuing current of resistance to arbitration of statutory employment claims.
9 minute read
June 27, 2005 |

Tech Tips Flow From LegalTech West Coast 2005

After two days of informative seminars on a host of topics, the LegalTech West Coast 2005 trade show, hosted by Law.com parent company ALM, came to a close last week in Los Angeles. One fast and furious session could hardly be called typical, as four of the industry's tech gurus raced the clock to give away their favorite tech tips, tricks and secrets in 90 minutes.
5 minute read
October 27, 2003 |

Notwithstanding Judicial Trepidation, Attorneys' Fees Are Available in Consumer Fraud Cases

The Consumer Fraud Act provides that in any private action the court shall award threefold the damages sustained by a plaintiff and "shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit." N.J.S.A. 56:8-19. However, being accustomed to the "American Rule" requiring parties to bear their own attorneys' fees, judges tend to receive with trepidation applications for attorneys' fees by counsel for successful plaintiffs.
8 minute read
August 10, 2011 |

Canada Hit With WTO, NAFTA Suits Over Green Energy Act's 'Buy Local' Proviso

In trying to reap the wind, Canada has reaped a whirlwind. The country is being hit with the double whammy of a World Trade Organization suit filed by Japan and a NAFTA claim by T. Boone Pickens' Mesa Power Group for favoring clean power projects that use local suppliers.
3 minute read
August 10, 2011 |

Slain Officer's Family Wins Attempt to Sue Murderer's Employer

The family of a New York City police officer who was murdered by a car salesman may proceed with a lawsuit alleging that the employer of the killer, a convicted felon, negligently hired him and negligently allowed him access to dealer's vehicles off hours, Staten Island Supreme Court Justice Judith N. McMahon has ruled.
3 minute read
June 16, 2003 |

Griffin v. New York City Transit Authority

16 minute read
October 25, 2010 |

Patent Litigation Weekly: Big Patent-Licensing Deals Push Acacia Earnings to a Stunning High

No one has filed more patent lawsuits against corporate America than Acacia Research. But Acacia CEO Paul Ryan says corporations are embracing, not rejecting, his business — and the company's newest numbers prove it.
5 minute read
March 26, 2004 |

Court Revisits Tax on Contingency Cash

Should a client pay taxes on contingent fee money? The long-simmering issue is now before the Supreme Court in a trio of cases. In nearly a dozen instances in recent years, the high court heeded the solicitor general's advice not to review the taxpayers' appeals. What makes this batch of cases different -- and possibly more attractive to the Court -- is that the government has begun losing. Now it is the government that is urging the high court to step in.
5 minute read

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