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Monthly Archives: November 2011
Specificity in Arbitration Provisions Is a Good Thing…Except When It Isn’t
Vagueness, ambiguity, and silence in arbitration provisions are generally to be avoided so that you don’t have to try a case that should be arbitrated. As the Indiana Court of Appeals recently held, though, being too specific in an arbitration … Continue reading
Supreme Court: If a Claim is Arbitrable, You Have to Arbitrate.
Parties resisting arbitration sometimes claim that compelling arbitration would result in “piecemeal” litigation because some claims are arbitrable and some are not. The U.S. Supreme Court, however, has made it clear (again) that courts cannot refuse to compel arbitration merely … Continue reading
Supremes to Take Up Health Care Reform
Let’s be honest: we all knew this was coming. But since it just came out, let’s bust out the Drudge-style siren! The U.S. Supreme Court has granted cert on several appeals concerning the Affordable Care Act. The Court will … Continue reading
Stefani Germanotta Loses Domain Name Case; Tweens Rejoice Until Next Fad Hits
I refuse to call her Gaga. I’m OK with Robert Zimmerman being Bob Dylan, Reginald Dwight being Elton John, and Gordon Sumner being Sting, but I’m not going to call her Gaga. She was Stefani Germanotta until her “packagers” got … Continue reading