Case Analysis : The Case Arbitration Clause

William Fong borrowed Phillip Chang's IBM laptop computer to finish a major report he had for geography. On the way to return it to his friend, he accidentally dropped it on the pavement causing $1000 in damages. William agreed to pay him for the repairs. Two months have gone by and Phillip still has not received the money to repair it.

Employers within the private sector organizations in these provinces do not want First Contract Arbitration imposed on them, as this takes away their management rights and power. They have capitalistic mentalities and employees are a cog in the wheel of monetary gain. ()

When a law enforcement officer or other public employee is accused of potentially criminal conduct, they may face three different kinds of interviews or interrogations. If an officer is interviewed as a criminal suspect, they have the absolute right to decline to answer any questions, or to insist that they have a lawyer of their choosing to attend the interview. The first is type is during a criminal investigation; the second is during a disciplinary investigation and finally during the course of civil litigation where there has been damages. During a criminal interview, there is no professional, ethical or moral duty to participate especially without the assistance of an attorney to represent the officer under investigation. It has come to a surprise that many experienced officers will waive their right to silence and give the investigators an audio recorded statement. Some of the inexperienced criminals do not make incriminating statements. The motive for cooperation is to avoid unfavorable publicity.

Additionally, when it comes to a contract being labeled as “unconscionable”, it relates to “the process of contract formation essentially involves a “take it or leave it” offer of an agreement drafted by a more powerful party (a “contract of adhesion”) and when the contents of the agreement unreasonably favor the more powerful party” (p. 22). With the term “procedurally unconscionable”, which is what Judge Fuentes pointed out Nino had no opportunity to negotiate with DI over the contract terms, DI was the stronger contractual party, and the arbitration agreement is thus

On June 23, 2008, Formula One Racing Group (referred to herein as “FORG”) solicited bids for the building of a parts warehouse at its facility located at 1265 E. 20th Street in Chico, California. General Contracting Associates (referred to herein as “GCA”) entered into a contract with FORG to build the aforementioned warehouse. At the time of the signing of the contract, FORG and GCA were bound in privity. In this case GCA had asserted five claims for breaches of contract by the defendant FORG.

Since November 2015, after Justice Marks vacated the RSDCs previous decision, the Nationals have attempted to compel MASN to return to arbitration before the RSDC. The Nationals claimed that a footnote in the Justice’ decision meant that MASN needed to submit to arbitration if the Nationals just changed their lawyers. On the other hand, MASN felt that the sides should agree to submit this case before a different arbitral body and thereby avoid the appeals process. Failing this, MASN wanted its appeal to be heard before a second arbitration case would be heard before the RSDC.

The Third Circuit erred in finding VHI have third-party standing, and his lower court’s decision should be reversed. In general, litigants do not have a standing to assert the rights of others, unless the litigant meet the constitutional and prudential requirement of third party standing. Litigants does not meet constitutional limitation of third party standing unless they sustain or will sustain injury that is actual and imminent. Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 108 (1998). Moreover, Litigants does not meet prudential requirement of third party standing unless litigants share a close relationship with the right holders, or unless the right holders have a genuine obstacle to sue by their own. Amato v. Wilentz, 952 F.2d 742, 749 (3rd Cir. 1991). Under this analysis, VHI does not have a third party standing because VHI does not meet either constitutional or prudential requirement of third party standing.

Most likely not. The reasoning underlying the court’s choice in the case was, in part, that “the State’s prohibition of the labels does not materially advance its asserted pursuits in insulating youth from vulgarity and is not narrowly tailored to the pastime regarding children.”The court’s reasoning was supported in part through the truth that kids cannot purchase beer. If the label advertised toys, however, the court’s reasoning would possibly have been different.

“Under the Supreme Court’s appellate jurisdiction, the Court hears cases appealed from federal courts of appeals, or it may hear appeals from federal district courts in certain circumstances in which an act of Congress has been held unconstitutional” (Bohm & Haley, pp. 278, 2011). The appellate powers also extend to cases from states higher courts as long as the appeals are limited to violations of federal law or constitutional rights. In fact, the Supreme Court is primarily an appellate court, however, “the Supreme Court also has original jurisdiction… to two types of cases: (1) cases involving representatives of foreign governments; and (2) certain cases in which a state is a party” (Bohm & Haley, pp. 279, 2011). While the topic of judicial

In accordance with DeGiuseppe (2010), the NLRB has fashioned an “open period” through which the present-day agreement discontinues to function as a bar and an opponent federation may organize an election requisition. The rationale of the open period is to offer workforces an opportunity for selecting their bargaining delegates at a logical and foreseeable interlude. Moreover, any application recorded beyond 60 days, but not exceeding 90 days before the terminal date on the prevailing agreement will be opportune. The terminal date is the expiration date of the agreement or, if the agreement period surpasses three years, the final day of the third year. (DeGiuseppe, J., (2010)

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

Procedural arbitrability issues concern whether the parties have complied with the terms of an arbitration provision, and are presumptively handled by arbitrators. These issues include whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met, as well as allegations of waiver, delay, or a like defense to

Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?

The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principles of negligence or duty of care alone. It is however the landmark precedent case for the tort of negligence outside of a contract when taking into account ‘duty of care’ and the ‘neighbour priciple’.

International commercial arbitration is one of the most important legal institutions in international private law. This conclusion follows from the fact that the nature of arbitration depends largely on autonomy of the parties, who choose arbitration procedure as the procedure in which the dispute will be settled; place where the arbitration is to be held; arbitral tribunal etc. Probably the most important and considerable expression of the autonomy is the right to choose the law, which is to be applied to merits of the dispute. The chosen applicable law guarantees in large measure predictability of the outcome of the case and allows parties to control the scope of interpretation and application of the international commercial