The appellant initiated a lawsuit, pro se, raising negligence and strict liability claims arising out of allegedly negligent treatment received for gastrointestinal symptoms. After failing to timely file certificates of...more
Occasionally considered part of the legal “boilerplate”, the “limitation of liability” clause is an important provision in any commercial contract, and companies should carefully consider several issues when drafting and...more
Franz Schwarz delivered the 4th Bergsten Lecture on the subject of “Systemic Case Management and Burden of Proof”. Over 400 registered attendees, including senior members of the Austrian and German judiciary and academia,...more
In Brennan v. Opus Bank (9th Cir. 13-35580), published August 11, 2015, the Ninth Circuit ruled on the issue of whether a court versus an arbitrator has jurisdiction over determining the enforceability of a mandatory...more