Arbitrator’s Social Life Overturns Award

In Dallas last week, a court overturned a $22 million (!) arbitration decision because the arbitrator had failed to disclose that he had socialized with one of the lawyers. 

As the Wall Street Journal law blog reported:

Arbitration awards, as most litigators know, are very difficult to overturn on appeal.

That’s why a Dallas appellate court’s decision this week to vacate a $22 million arbitration award is so notable.

The reason for the appellate court’s ruling: the arbitrator failed to disclose contacts he’d had with a lawyer in the case, including attending a Dallas Mavericks basketball game and sharing meals with the attorney.

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Eckstein Hall Opened One Year Ago

Yesterday (July 6) marked the one-year anniversary of the opening of Eckstein Hall. The very first class in the new building was American Legal History which first met in Room 257 at 7:30 a.m. on Tuesday, July 6, 2010. To reach the classroom in the not-quite-finished building, the 17 students and their instructor had to dodge rolls of carpet and electrical wire, cans of paint, and assorted construction debris. Everyone was also required to immediately leave the building immediately after the conclusion of the class.

The class was taught by me. Its members included April Ashby, Margaret Bach, Heather Berlinski, Carolyn Carrico, Nicholas Deml, Jeremy Hager, Stephanie Kebler, Matt Lien, Anthony Meyer, Andrew Mongin, Christina Putman, Francisco Saa, Jon Seaman, Timothy Shortess, Richard Sienkewicz, Charles Szafir, and Ian Thomson.

For two of the students, it was their final class in law school.

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R.I.P. Caylee Anthony

An Orlando jury decided on July 5 that Casey Anthony was not guilty of murdering her daughter Caylee, who was only two at the time of her death.   Hundreds of protestors gathered outside the courthouse after the verdict was announced, and local police worried if they would be able to protect the building from being torched. Few of the protestors stopped to reflect on the large role popular culture played in both their sense of outrage and in the jury’s verdict.

Most obviously, the media played up the case to the nth degree.  The media time and again broadcast winning photos of Caylee and also seemed never to tire of a home video showing her singing “You Are My Sunshine.”  Viewers of the cable news shows also saw countless screenings of Caylee’s scantily clad mother grinding in bars while her daughter was still missing.  Then, too, has anybody not heard of the “bella vita” tattoo that Casey obtained shortly after Caylee’s disappearance?  HLN host Nancy Grace was especially relentless in demanding that Casey be convicted of her crime, and for the most part the public had decided Casey was guilty.

At trial, meanwhile, it seems the much-discussed “CSI effect” played a role. 

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