Posts Tagged ‘arbitration’

Labor and employment roundup

  • Politicaly effective or not, Sen. Elizabeth Warren’s debate attack on Mike Bloomberg over non-disclosure agreements (NDAs) was simplistic, and that’s putting it diplomatically [Robin Shea]
  • West Coast longshore union braces for bankruptcy [Richard Read, Los Angeles Times]
  • An issue to watch carefully: most Democratic White House contenders support labor law changes to introduce “sectoral bargaining,” which ropes employers into all-for-one industry-wide negotiations like it or not [Sharon Block and Benjamin Sachs, On Labor, approving of this idea]
  • “Arbitration in the MeToo Era,” Federalist Society panel discussion with Paul Clement, Alexander Colvin, Deepak Gupta, Andrew Pincus, moderated by Hon. Joan Larsen;
  • Chilling effect: employers fear being hit with unfair labor practices claims if they say things that 1) are true and 2) would be helpful for workers to know [Cato Daily Podcast with Ken Girardin and Caleb Brown]
  • “Chipotle Wants Sick Employees to Verify with a Nurse. This is a Very Pro-Employee Move.” [Suzanne Lucas, Inc.]

Supreme Court roundup

Liability roundup

Lawyer dad sues lawyer son to stop using own name in ads

South Carolina: “Personal injury lawyer and ubiquitous TV pitchman George Sink wants his namesake son to stop using his birth-given moniker to market a fledgling law firm, saying two attorneys with identical names are confusing potential clients.” The request for a temporary injunction against George Sink, Jr. cites the likelihood of confusion with the trademarks of the elder’s firm, for which the son worked until the two parted ways in February. [David Wren, Charleston Post and Courier]

An agreement between the father and son calls for any business dispute to be settled in arbitration, which is tentatively scheduled for December, and limits damages to $500 — an amount Sink Jr. already has paid to his father.

Sink Sr. said in court documents the agreement should be set aside because he signed it without reading it. …The temporary injunction, if granted, would last until an arbitrator decides the case.

P.S. Meanwhile in NYC: “The messy professional break-up between hot-shot personal-injury lawyers Ross Cellino and Steve Barnes is moving from the courthouse to the playhouse, dramatized in a stage show playing next month in Brooklyn.” [Aaron Feis and Julia Marsh, New York Post, earlier]

Liability roundup

Arbitration, Bernie Sanders, and the Lamps Plus case

From my new Cato post:

“Read this section carefully. It requires you to waive your right to a jury trial and arbitrate certain disputes and claims and prohibits class and representative actions or arbitrations.” — from the “Bernie App.” (illustration via @NC_CyberLaw on Twitter).

That’s right. The campaign-ready “Bernie app” released this week requires its users to agree to submit to arbitration in case of dispute, in place of lawsuits and especially class actions. As Ted Frank observes, “Even Bernie Sanders recognizes the importance and value of arbitration in navigating a legal system designed to benefit lawyers over the interests of consumers and businesses.”

Wouldn’t it be nice if the Vermont senator preached what he practiced? Later I bring the discussion around to the Supreme Court’s ruling last week (Lamps Plus v. Varela, earlier here and here) that courts should not read class arbitration mechanisms into arbitration agreements that are silent or ambiguous on the subject. Whole thing here.

May 1 roundup

Liability roundup

Liability roundup

  • “Lawsuit: Licorice Twizzlers caused man’s heart disease” [WDRB; earlier on dismissal of German lawsuit filed by customer who ate nearly a pound a day of the candy]
  • Empirical study of how personal injury claims are pursued in Great Britain [Richard Lewis, SSRN]
  • How attorney Marc Lanier got that $4.7 billion talc/baby powder verdict [Daniel Fisher, Forbes] “Attorney sees lawyers’ role in judge selection process as helping fuel rise in lawsuits in ‘Sue Me State'” [Devin Watkins on Missouri; Angela Underwood, St. Louis Record]
  • “$12.8M suit filed by estate of man killed in WWII tank blast” [AP]
  • Stan Chesley’s law firm admits ‘unjust enrichment,’ agrees to $23 million settlement” [Kevin Grasha, Cincinnati Enquirer; earlier]
  • “Sweeping new arbitration study: ‘Enterprising’ plaintiffs’ lawyers adapt” [Alison Frankel, Reuters]

Liability roundup