DOWN IN THE TRENCHES

RothLawAppeals, Lawsuits

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of contract, negligence, etc.), but special … Read More

BRADY – THE SEQUEL’S SEQUEL

RothLawAppeals, News

Last year, we explained why Tom Brady’s suspension was overturned, even though it had been imposed in arbitration proceedings.  The trial judge had many reasons for reaching his conclusion.  Commissioner Goodell had acted as both judge and prosecutor, imposing the sanction as commissioner and upholding it as arbitrator; he had denied the defense access to some evidence; the law firm … Read More

MORE ARBITRATION PITFALLS

RothLawAppeals, Lawsuits

Our readers are well familiar now with many reasons why arbitration is not recommended in business to business contracts.  And more pitfalls keep coming to mind on a regular basis. So it was, again, when a securities fraud lawsuit was thrown out by a federal court of appeals because the plaintiffs waited too long to file.  But wait, they pleaded: … Read More

ARBITRATION NFL STYLE

RothLawAppeals

We have spent some time on this blog explaining how arbitration clauses are typically a bad idea in business-to-business contracts.  We have explained that they are by and large unappealable, no matter how egregious an error of law the arbitrator might have committed.  So how, you ask, was the arbitration decision overturned by the Court in the Tom Brady case? … Read More

ARBITRATION STILL A BAD IDEA IN BUSINESS CONTRACTS

RothLawBusiness Services

Florida recently amended its Arbitration Act, mostly to put it in line with the federal version.  Reading the changes’ review in the Florida Bar Journal only confirms, in our mind, that arbitration remains a very bad idea in most, if not all, business contracts.  (Some liberties retailers may take in arbitration clauses change the picture a bit for business-to-consumer deals.) The … Read More