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4 Apr 2010, 1:39 pm
" Honeywell Int'l, Inc. v. [read post]
5 Jul 2007, 2:50 pm
" Under the Supreme Court's guidance, a consumer or employee can't argue that mandatory arbitration is unfair in itself, but if a corporation has written an arbitration clause that tacks on other unfair provisions that are not necessarily a part of arbitration, courts can strike down those provisions as "unconscionable. [read post]
5 Jun 2015, 7:32 am by John Elwood
Richter overruled sub silentio the holding of Ylst v. [read post]
7 Sep 2020, 4:35 am by Peter Mahler
Justice Jaffe devoted the bulk of her analysis to the estate’s argument that Section 13.02 (b) did not satisfy the “unmistakably clear” standard established by the New York Court of Appeals’ 1989 decision in Hooper Associates v AGS Computers, Inc. for direct indemnity between parties to an agreement as opposed to third-party claims. [read post]
18 Jul 2009, 7:31 am
This post is by my colleagues Mark Schonfeld, John Sturc, Barry Goldsmith, Eric Creizman, Jennifer Colgan Halter, Akita St. [read post]
15 Oct 2022, 5:16 pm by David Adelstein
 An example of how bad a dispute can play out when it comes to the lack of sophistication on the front end is Avant Design Group, Inc. v. [read post]
8 Jun 2020, 10:13 am by Schachtman
Claims under Federal and State Racketeering Acts And Other Civil Remedies There are three types approaches to civil remedies a defendant might pursue to inhibit the flow of false claims in products cases. [read post]
26 Sep 2013, 9:35 am by Eugene Volokh
Cunniffe, 655 F.3d 78, 84 (1st Cir. 2011) (holding that video recording government officials is constitutionally protected); ACLU v. [read post]
19 Feb 2018, 7:57 am
Facebook is a social networking website "where people can share information about their personal lives, including posting photographs and sharing information about what they are doing or thinking" (Romano v Steelcase, Inc., 30 Misc 3d 426 [Sup Ct Suffolk County 2010]). [read post]
24 Jul 2021, 11:51 am by admin
” The above hypothetical was very much analogous to the school district asbestos property damage class action, in which some plaintiffs’ counsel sought to hold all defendants jointly and severally liable. [read post]