Impartiality

News & Analysis as of

See You In Court! - July/August 2016

Out of the blue, Nancy Newshound, longtime reporter for the Nutmeg Bugle called Mr. Superintendent. “I understand that a student hacked the district’s system and changed a bunch of grades,” she stated. “What can you tell me...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

Neutral arbitrators in sports: What makes it fair?

"Neutrality has been defined as a state of mind, a certain distance that the arbitrator establishes vis-a-vis his or her legal, political and religious background.” It is not a concept that it necessarily grounded in...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

SCC Rules on Impartiality and Independence of Expert Witnesses

On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts’ assessment of the impartiality and independence of...more

City of Waterbury v. Connecticut Alliance of City Police — A New Standard of Impartiality for Arbitrators in Interest...

The Superior Court’s decision in City of Waterbury v. Connecticut Alliance of City Police, could mark the emergence of a new standard of impartiality for party-selected arbitrators in Municipal Employee Relations Act [“MERA”]...more

SCC Clarifies Law on Admissibility of Expert Evidence

The Supreme Court has released its decision in White Burgess Langille Inman v. Abbott and Haliburton (2015 SCC 23) in which it considered whether the standards for admissibility of expert evidence should take into account the...more

Supreme Court Clarifies that Expert’s Duty to the Court is a Threshold Requirement for Admissibility

The Supreme Court of Canada issued a decision today which furthers existing law requiring experts in court proceedings to give fair, objective and non-partisan opinion evidence. A number of cases stood for the proposition...more

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code because the employee who filed the complaint had not agreed that the manager...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Drawing the line on arbitrator impartiality

In a rare decision under s24 of the Arbitration Act 1996, the English court has recently taken the unusual step of removing an arbitrator due to concerns about his impartiality and conduct. While the view of the English...more

Arbitration Award Vacated Because Arbitrators Were Impartial

Although we usually expect arbitrators to be impartial, the Supreme Court of Texas vacated an arbitration award because the chosen arbitrators were too impartial. Americo Life, Inc. v. Myer, __S.W.3d__, 2014 WL 2789429 (Tex....more

Top 5 Ediscovery Case Summaries – June 2013: Texas - Mere Facebook Friendship Does Not Amount to Impartiality by Judge

Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In this appeal of an assault conviction, the defendant argued that a Facebook friendship and Facebook communications between the trial judge and the...more

Sixth Circuit Paints Vivid Picture Of “Evident Partiality” Sufficient To Vacate Arbitration Award

One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

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