article thumbnail

Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”

SCOTUSBlog

It further argues “default” occurs only when a party “violates a clear legal rule or causes prejudice” to the other party – a definition that Justice Elena Kagan suggested was “a bit made up.”. Much of the discussion during oral argument concerned whether and when to apply state contract law to questions arising under the FAA.

article thumbnail

Understanding breach of contract law in California

OneLegal

Explore breach of contract law in California, including key legal concepts, common issues, and valuable resources. The post Understanding breach of contract law in California appeared first on One Legal.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Supreme Court grants certiorari in arbitration clause case

JURIST

. ” The collective of professors asserts that the Eighth Circuit’s ruling “ignored state contract law and misapplied this Court’s repeated holdings that arbitration clauses should be placed on equal footing with other contracts.”

Contract 195
article thumbnail

Federal appeals court upholds pro-worker California law limiting arbitration

JURIST

The post Federal appeals court upholds pro-worker California law limiting arbitration appeared first on JURIST - News - Legal News & Commentary. As a result of this ruling, California employers cannot currently require workers to sign arbitration agreements as a condition of employment.

Laws 215
article thumbnail

Federal appeals court rules Seneca Nation owes New York State years of casino revenue sharing payments

JURIST

Monday’s appeals court ruling finds that the arbitration panel interpreted governing contract law correctly and that the district court’s ruling was a proper confirmation of that contract law interpretation.

article thumbnail

SCOTUS bars emotional distress damages under the Affordable Care Act

JURIST

Plaintiff Jane Cummings is legally blind and was born deaf. To be eligible for these reimbursements, providers must comply with federal anti-discrimination laws. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes.

article thumbnail

Legal Jargon – Plain English or Utter Drivel?

SimplyLawJobs

We recently caught up with the Institute of Legal Secretaries (ILSPA) to discover if legal jargon is plain English – or utter drivel! Here is what they said: As the legal profession is one that benefits from clear communication, it is surprising how the language used by lawyers can sometimes be confusing.

Legal 78