News & Analysis as of

Hall Street Runs Both Ways: Parties Can Neither Waive Nor Expand Judicial Review of Arbitration Awards, Says Ninth Circuit

Back in 2008, the Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, L.L.C. that parties to an arbitration agreement subject to the Federal Arbitration Act (FAA) cannot agree to empower a federal court with more...more

Three Ways a Trial Lawyer Can Strengthen the Odds of Winning on Appeal

Recent court statistics show that in California civil appeals result in affirmance 79 percent of the time, reversal 18 percent of the time and dismissals in the remaining 3 percent of cases. Given the statistically low...more

Third Circuit Clarifies Waiver Doctrine by Distinguishing Between "Issues" and "Arguments" in a Suppression-of-the-Evidence Case

Waiver is an important concept to any appellate attorney because it determines what can and cannot be raised on appeal. Generally, an appellate court will only consider arguments that were previously raised in the trial...more

SIAC introduces significant rule changes (Singapore)

The Singapore International Arbitration Centre has recently introduced significant changes to its rules, reflecting a major organisational and governance change with the introduction of a new SIAC Court of Arbitration. The...more

California Court Holds That A Tripartite Attorney-Client Relationship Exists Between A Title Insurer, Its Insured And Counsel...

Ten years ago, a California Court of Appeal took a relatively narrow view of the attorney-client privilege in conjunction with claims investigation and analysis conducted by a title insurer’s in-house counsel....more

Delaware Supreme Court Refines Standard for Missed Pre-Trial Deadlines

The Delaware Supreme Court recently announced a new standard refining the rules that govern litigants’ requests for extensions. Since 2010, the “Drejka analysis” provided a six-factor test to apply when considering whether to...more

Tax Court Of Canada Upholds General Policy That Settlement Agreements Should Be Respected – Taxpayer’s Waiver Of Right To Appeal...

In Noran West Developments Ltd. v. The Queen, the Tax Court of Canada (Justice Brent Paris) upheld the validity of a taxpayer’s waiver of its right to appeal executed following the conclusion of a settlement with the Appeals...more

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