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Archived articles from January 2013
21 articles found
Armstrong Autobiography Suit Seeks Class Action Status
By Beth Graham - January 31, 2013
It looks like Lance Armstrong’s legal troubles in connection with his use of performance enhancing drugs and other measures to secure seven Tour de France victories are far from over. Last fall, the International Cycling Union released its decision to recognize the USADA’s findings against Armstrong. In the decision, all of Armstrong’s competitive results achieved after August 1, 1998 were disqualified. In addition, United States Justice Departme
Texas Supreme Court Reverses Richmont Holdings Decision
By Beth Graham - January 30, 2013
On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
Picture It Settled® Launches Today at LegalTech New York
By Beth Graham - January 29, 2013
Disputing contributor Don Philbin launches the full version of Picture It Settled, a new tool for providing predictive analytics for the negotiation of litigated cases, at LegalTech New York today. According to the press release: Picture It Settled software is a highly intelligent predictive analytics tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. The online-acces
Taming the Wild West of Arbitration Ethics
By Beth Graham - January 28, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum. Here is the abstract: The boundaries of ethical behavior in litigation are well known and understood in the legal community. Attorneys and parties cannot lie under oa
Impaired Healthcare Executives Policy Statement
By Holly Hayes - January 25, 2013
The American College of Healthcare Executives (ACHE) updated their policy statement on Impaired Healthcare Executives in November 2012. We posted here on impaired physicians,but have not posted previously on impaired executives. The Joint Commission (TJC) requires that all hospitals have a process in place to identify and assist staff physicians with health and behavior problems. On its website, the ACHE Statement of the Issue begins: The America
Thanks to our 2012 Disputing contributors!
By Victoria VanBuren - January 24, 2013
Over the course of the past year, we were honored with contributions from a number of the most esteemed law professors and practitioners we know. Some wrote guest-posts, others submitted comments via e-mail, while others made sure we never missed important developments in ADR. We would like to thank our blog contributors for improving Disputing‘s legal scholarship! Special thanks to our regular blogger Holly Hayes, and 2012 interns Renée K
2011-12 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 23, 2013
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and ended on January 3, 2013. Bills that became law: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a derivation proceeding may resolve the dispute via arbitration. See Section 135(f). H.R. 1249; Stat
Lance Armstrong Admits Using Performance-enhancing Drugs
By Victoria VanBuren - January 22, 2013
As readers may already know, Lance Armstrong admitted last week to using performance enhancing drugs in an interview with Oprah Winfrey. Our posts on the USADA case are here. What’s next? read about the pending federal whistle-blower lawsuit at the Wall Street Journal. Stay tuned!
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
By Victoria VanBuren - January 21, 2013
First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju
Conflict Specialists Show
By Holly Hayes - January 18, 2013
We recently discovered The Conflict Specialists Show videos on YouTube. Dave Hilton, M.A. hosts discussions on “dispute resolution, conflict management, mediation, conflict coaching, negotiation, leadership, psychology and other related topics” with “authors, bloggers, specialists, speakers and practitioners”. The show’s website states: Conflict Engagement Specialists is first and foremost a community for anyone inte
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