17 Ways To Lose A Winning Argument In Court, and Implications for Mediation

First Published  by Law360 and later revised: Expert Analysis By Richard Seymour January 2, 2018, 11:48 AM EST Nothing stings worse than losing a winning claim or defense because of a mistake. In the course of reading several thousand published appellate decisions in federal courts for 15 volumes of “Equal Employment Law Update,” published by the Bureau of National Affairs (now Bloomberg BNA) for the American Bar Association Section of Labor and Employment Law from 1996 to 2007, and in the course of reading many hundreds more decisions for the annual updates on employment law I’ve done for the Arizona…

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How Proportionality in Discovery is Handled in Arbitration

How Proportionality in Discovery is Handled in Arbitration, as published by Law360 on October 23, 2017; posted with permission under license. by Richard T. Seymour, Washington, D.C. There has been a great deal of discussion of the effects of the increased prominence of proportionality in Federal-court litigation since the December 2015 changes to Civil Rule 26.  See, for example, “A Plaintiff’s Guide To Discovery Proportionality: Part 1” by Max Kennerly, and “Discovery Proportionality: A Defense View” by Alan Hoffman.  There has been relatively little discussion of how the issue of proportionality in discovery is handled in arbitration, and some comments…

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One Defendant Compels Arbitration, Others “Wait and See”

What opportunities are created when only one defendant moves to compel arbitration, and who gets the advantage? This is the scenario that confronted the D.C. Court of Appeals in Walker v. FedEx Office & Print Services, Inc., __ A.3d __, 2015 WL 4773731 (D.C. Aug. 13, 2015), downloadable at http://bit.ly/1Js5OWn. Kisha Walker, a terminated manager, sued the company under the D.C. Human Rights Act, alleging racial discrimination and retaliation. She also named as defendants her supervisor and a Human Resources official, alleging that they aided and abetted FedEx. The Agreement Walker had signed an optional arbitration agreement that applied to “all claims…

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