Courts are in conflict over arbitration forum battles; parties should specify whether disputes within a proceeding should be arbitrated to avoid protracted litigation and expense

Article Abstract:

Court decisions have emphasized the strong federal policy of enforcing a party's right to arbitrate when there is a valid arbitration agreement, and parties to such an agreement should state clearly in the arbitration clause whether the court or arbitration should decide forum issues. Court rulings have also addressed whether the court or the arbitrator should decide the validity of defenses to arbitration, in particular the application of res judicata.

Management, Dispute resolution (Law)

---

Civil cases; jurors do not trust civil litigants. Period

Article Abstract:

Civil trial lawyers can take one lesson home from the National Law Journal-DecisionQuest Juror Outlook Survey, that their clients are not considered worthy of trust by most potential jurors. More than three-quarters of the 1.012 people polled believe corporate executives often try to conceal evidence of wrongdoing by their companies. Many admit to prejudice against particular industries, including cigarette, asbesots and breast-implant manufacturers.

Analysis, Beliefs, opinions and attitudes, Justice, Administration of, Administration of justice, Jury members, Civil procedure

---

Getting hold of grand jury transcripts; civil litigants must show a 'particularized need' that outweighs the need for continued secrecy of the proceeding

Article Abstract:

Issues are discussed regarding the "particularized need" the law requires a party show to gain access to grand jury transcripts and to override the need to keep these secret. Prior publication of a grand jury investigation and the refusal of a witness to testify at trial are among the reasons for access to transcripts.

Testimony, Grand jury, Grand juries

Similar abstracts:

• Abstracts: Courts around the country are addressing whether employers may be liable for the negligent hiring, supervision and retention of employees who harm others
• Abstracts: Copyright protection in the new millennium: amending the Digital Millennium Copyright Act to prevent constitutional challenges
• Abstracts: A libertarian inside, looking out. The unintended consequences of the Americans with Disabilities Act. The end of market failure
• Abstracts: A microeconomic analysis of Fannie Mae and Freddie Mac. The location of industry: do states' policies matter? Does the Forest Service have a future?
• Abstracts: Electricity restructuring: deregulation or reregulation? Competition requires transmission capacity: the case of the U.S. Northeast

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.