We have been commenting regularly lately on what I have called arbitration clause bootstrapping and David Horton (right — updated but still youthful) has alternatively called Infinite Arbitration Clauses and Accidental Arbitration. There was the case of Disney invoking arbitration… Source by ContractsProf Blog Read More
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Reviewing Larry DiMatteo and Irma Russell & Barbara K. Bucholtz, Part IV
After a long hiatus, I am back with more in my serial review of these two books. Lesson learned. Don’t try to review books during the semester. Too many other things going on. So the plan is to get it… Source by ContractsProf Blog Read More
Eighth Circuit Affirms $5 Million Deferred Compensation to Former Executive
When I was a practicing attorney, we had a case in which our client was sued by the fired CEO of one of its subsidiaries. The former CEO had managed to destroy the business in eighteen months, but his contract… Source by ContractsProf Blog Read More
Woman Claims to Have Bought an Unknown Van Gogh for $215 at Auction
This case fits in with our series on the contracts doctrine of mistake, addressed most recently here and here, but it is perhaps still more bizarre. On October 5, 2019, defendant Clearing House Estate Sales (CHES) opened bidding through Auction… Source by ContractsProf Blog Read More
Another Child Bound by Parent to Arbitrate Claims Against Amusement Park
Nada Tupanjac took her son Luka to a trampoline park in Vernon Hills, Illinois called Sky Zone. Need I say more? The child was injured. The boy’s father (Plaintiff) brought suit, alleging that Sky Zone was negligent and that its… Source by ContractsProf Blog Read More
May Day: Federal Judge Backs Federal Workers Union and Enjoins Executive Order
On March 27th, the President issued an Executive Order entitled Exclusions From Federal Labor-Management Relations Programs (the EO). That same day, the Office of Personnel Management (the OPM) issued a Guidance on Executive Exclusions from Federal Labor Management Programs (the… Source by ContractsProf Blog Read More
Woke Court Mostly Denies Albertson’s Motion to Dismiss Drowsy’ Woman’s Complaint and Class Allegations
Plaintiff Patricia Gibson purchased some daytime, non-drowsy cough medication from defendant Albertson’s Companies, Inc. (Albertson’s). She alleges that she was harmed when she became sleepy after taking the medication, and she sued, alleging statutory claims under Illinois law, breach of… Source by ContractsProf Blog Read More