Menu
All articles tagged '"second circuit"'
29 articles found
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”
Second Circuit Vacates Order Denying Arbitration of Former Department Store Employee’s ADA Claims
By Beth Graham - July 19, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store.
Suspension Set to Begin for Dallas Cowboys Running Back
By Beth Graham - November 1, 2017
A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.
Second Circuit Reinstates Brady’s Four-Game “Deflategate” Suspension
By Beth Graham - April 25, 2016
The Second Circuit Court of Appeals has reversed a New York district judge’s order vacating an arbitrator’s decision. In National Football League Management Council et al. v. National Football League Players Association et al., No. 15-2801 (L), No. 15-2805 (CON), New England Patriots quarterback Tom Brady was suspended for four games after he was accused of participating in a scheme to cheat in a 2015 playoff game by deflating footballs to a lev
The Not-So-Effective Vindication Decision
By Beth Graham - September 19, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published, The Practice: The Not-So-Effective Vindication Decision: The U.S. Supreme Court's Ruling in Italian Colors and Its Aftermath Are a Big Blow to Class Action Bar, National Law Journal, Vol. 36, No. 2, p. 30, September 2013; U of Texas Law, Public Law Research Paper No. 517.
Amicus Brief Opportunity for ADR Scholars and Practitioners
By Beth Graham - June 27, 2013
Disputing would like to thank Professors Kristen M. Blankley, University of Nebraska College of Law, and Liz Tippett, University of Oregon School of Law, for the following guest post:
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
By Beth Graham - June 26, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.
Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs
By Beth Graham - June 21, 2013
Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.
Second Circuit Sends Employment Discrimination Case to Arbitration
By Beth Graham - April 17, 2013
According to the Appeals Court, Supreme Court precedent required the three-judge panel to interpret the Federal Arbitration Act in such a way that favors an agreement to arbitrate even in cases that involve federal statutory claims. This holding is especially significant because the burden of proof regarding the alleged pattern of discrimination would have reportedly shifted to Goldman Sachs if the court had held that Parisi was allowed to pursue
Arbitrating ‘Arbitrability’
By Beth Graham - April 1, 2013
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published a paper entitled Arbitrating ‘Arbitrability’, World Arbitration and Mediation Review, 2013; U of Texas Law, Public Law Research Paper. In his paper, Professor Rau examines threshold challenges to the use of arbitration in both international and domestic commercial disputes. Here is the abstract: It is quite common, in
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy