From the monthly archives: March, 2017
We are pleased to present below all posts archived in 'March, 2017'. If you still can't find what you are looking for, try using the search box.
In Builders First Source-South Texas LP v. Ortiz, the Fourteenth Court of Appeals addressed the consequences of an arbitrator’s “fraudulent non-disclosure of information.” The Court appears to be the first appellate court in Texas to adopt the phrase “fraudulent non-disclosure” in addressing vacatur of an arbitrator’s ruling because of the following circumstances.
An individual employed by a company that was a non-subscriber to Texas workers compensation laws signed an agreement to participate in the company’s injury benefit Plan. The Plan contained a clause requiring arbitration of any dispute over benefits. When the individual was later injured on-the-job and the parties could not resolve the issue of benefits, an arbitration ensued.
The American Arbitration Association presented to the parties an individual as a candidate to be appointed as arbitrator, and the candidate submitted a required sworn disclosure stating, among other things, ...
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The United States Department of Justice, Office of Legal Policy's Office of Dispute Resolution released its "Fiscal Year 2016 Annual Report." The report shows the effects of alternative dispute resolution processes as reported by DOJ attorneys. Among the findings:
DOJ attorneys estimate they avoided litigation expenses of more than $70 million;
Settlements were better than the expected value of trial in 72% of settled cases;
Additional benefits--such as the resolution of discovery disputes--occurred even when cases did not ultimately settle.
The DOJ's statistical summary shows that DOJ attorneys and staff saved 26,388 days of trial preparation, avoided 2,733 months of litigation (the amount of time cases would have remained on a docket), and saved 2,460 months of actual trial time in 2016 because of ADR.
In those cases that did not resolve through ADR, DOJ attorneys reported that ADR was still beneficial:
Improved understanding of issues--44%
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The Houston Chronicle reports that the University of Houston and South Texas College of Law Houston settled a trademark dispute involving STCL-H's change of name to Houston College of Law. The mediation was conducted by U.S. Magistrate Judge Dena Hanovice Palermo, and according to the Houston Chronicle, lasted two days.
Additional background on this matter is found at the Houston Business Journal (here) and at TaxProf Blog (here).