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Mintz Levin was founded in 1933, in the midst of the great depression, by Benjamin Levin and Haskell Cohn, who first met as classmates at Harvard Law School.The firm began practicing under the name Mintz, Levin and Cohn after Herman Mintz became a legal collaborator in 1937, and then a partner in 1939. [5]
Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; [1] however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract ...
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
This is known as a 'Scott Avery Clause'. [21] In recent years, [when?] the enforceability of arbitration clauses, particularly in the context of consumer agreements (e.g., credit card agreements), has drawn scrutiny from courts. [22] Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review. [23]
The AAA was founded in 1926 by the merger of the Arbitration Society of America and the Arbitration Foundation to provide dispute resolution and avoid civil court proceedings. [2] Many contracts include an arbitration clause naming the AAA as the organization that will administer arbitration between the parties. The AAA does not itself ...
Bragg v. Linden Research, Inc., 487 F. Supp. 2d 593 (E.D. Pa. 2007), was a ruling at the United States District Court for the Eastern District of Pennsylvania.The case resulted in an important early ruling on the enforceability of an online End User License Agreement (EULA) under American contract law, though it did not ultimately gain influence as a precedent.
Black letter principles are followed by analytical examples. First-line arbitrators are not applying a monolithic "The law of the shop," but are instead trying to apply "The law of a shop.' The book gives some useful insight into how individual arbitration cases are really decided by arbitrators. [10]