A subcommittee of the Judiciary Committee of the US House of
Representatives approved three bills on July 15, 2008, that
would amend or restrict the Federal Arbitration Act. The
proposed legislation is of significant concern to companies
that rely on international arbitration to ensure a neutral
forum to resolve international commercial and investment
disputes.
Of these bills, the most far-reaching and threatening to
international arbitration is the so-called Arbitration Fairness
Act (H.R. 3010/S. 1782). The proposed legislation is troubling
in several respects....
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In our eBulletin of March 17, 2010, Lehman Brothers Holdings Inc. and its affiliated debtors file initial joint chapter 11 plan, which can be viewed by clicking here, we discussed a recent motion filed in the chapter 11 cases of Lehman Brothers Holdings Inc. (LBHI) and its affiliated chapter 11 debtors (with LBHI, the Debtors) seeking to establish procedures for the hearing and resolution of objections to claims filed against the Debtors' estates (the Motion).
In Prison Legal News v. Schwarzenegger, 2010 DJDAR 8612 (9th Circuit 2010) the court decided whether, and to what extent the publisher of, a monthly prison news magazine may recover attorneys’ fees from the State of California for monitoring the State’s compliance with a prior settlement agreement.
In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc. 2010 DJDAR 8623, Ninth Circuit (2010), the Ninth Circuit concluded that a bankruptcy court properly awarded costs, attorney’s fees and punitive damages against thirteen creditors that initiated an improper involuntary bankruptcy petition under 11 U.S.C. § 303 (i).
Shortly before 7am on 8 July 2002, the plaintiff, Mr Jackson, was found unconscious lying in a concrete drain in a park in Lithgow. He had suffered serious head injuries, probable fractured vertebra, a fractured wrist and cuts and abrasions. Mr Jackson had taken his dogs for a walk at about 3.30am that morning whilst intoxicated and had no memory of the accident. Nobody had seen the accident and there was no direct evidence as to how Mr Jackson came to be in the drain.
Mr Jackson sued Lithgo
Proposals to make sweeping costs reforms in civil litigation received significant fresh impetus yesterday. The Government has announced that it intends to consult on implementing Lord Justice Jackson's recommendations on the reform of funding arrangements.
Where a written warranty for a consumer product comes wrapped in plastic and sealed in the box, can the manufacturer defeat a breach of warranty claim by contending the consumer could not have relied on the warranty at the time she purchased the goods?
In the current economic climate, parties to commercial disputes are increasingly concerned about the recovery risk involved in pursuing arbitration proceedings, in particular the risk that an opponent may not be able to comply with an arbitral award made against it or that an opponent's future financial security becomes uncertain (such as a risk of insolvency arising after proceedings have been commenced).
Why is it that every litigator must become conversant with the language and intricacies of electronically stored information (ESI)? And why is it that they should feel highly motivated to do so in a non-negligent manner? This article addresses these questions.
