The Legal Intelligencer | Commentary
By Craig R. Tractenberg | May 23, 2024
As a statutory interpretation case, the court examined the text, structure, and purpose of the FAA. The only conclusion which could be drawn is that "when a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss the suit on the basis that all the claims are subject to arbitration."
The Legal Intelligencer | Commentary
By Jeffrey A. Cohen | May 21, 2024
A college scholarship certainly has value; however, student-athletes have pushed for more, using the court system for the past 15 years to advance their cause, and the entire sports landscape is still trying to figure out what is legal and what balance to strike.
The Legal Intelligencer | Commentary
By Jeffrey Campolongo | May 21, 2024
The ruling serves as a reminder to legal practitioners that pleadings should not be used as a testing ground for defenses but rather as a platform for assertions grounded in existing evidence and legal principles.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Drew S. McGehrin | May 20, 2024
The Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain "qualifying" loans used to fund a debtor's education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.
The Legal Intelligencer | Commentary
By Laurie Jubelirer | May 20, 2024
While the American system grapples with issues of mass incarceration, high recidivism rates, and a focus on punishment rather than rehabilitation, other nations have pioneered approaches that prioritize human dignity and community reintegration.
The Legal Intelligencer | Commentary
By Samuel H. Pond and Vladimir Dorash | May 17, 2024
The means used to obstruct the approval of the fee are not only flawed litigation tactics but arguably rise to the level of tortious interference. While some choose to be willfully blind to the plain language of Section 442 of the Pennsylvania Workers' Compensation Act, as well as its clear interpretation in Neves and Williams, we call on the Pennsylvania Workers' Compensation defense bar to abstain from tortious interference with contractual relationship between injured workers and their attorneys under the pretext of a "greater good."
The Legal Intelligencer | Commentary
By Edward T. Kang | May 17, 2024
As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | May 17, 2024
For those of us engaged in any aspect of alternate dispute resolution, our professional responsibilities compel us to keep abreast of the evolving trends in technology that are having an increasing impact on our practice as advocates and neutrals.
The Legal Intelligencer | Commentary
By Stacy West Clark | May 17, 2024
I went on a mission recently to find out if, and then how, lawyers in their late 20s and 30s were building books of business. So, I hunted down some lawyers from both coasts who had been referred to me by their firms as folks who had built impressive books of business.
The Legal Intelligencer | Commentary
By Marcie Borgal Shunk | May 17, 2024
Effective leadership has the power to reshape the legal sector. Research shows leadership behaviors—not leaders, but demonstrated leadership skills and characteristics—have direct and indirect impact on virtually every aspect of law firm performance.
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