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This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European … the United Kingdom), most such agreements are invalid. In the United States by contrast, most pre-dispute arbitration … agreements are valid, even in consumer contracts, unless some other provision in the arbitration agreement renders it …
Persistent link: https://www.econbiz.de/10013122676
In both the US and the EU, the antitrust category of “sham litigation” (in the US) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain...
Persistent link: https://www.econbiz.de/10012942953
.S. law regarding waiving the right to arbitrate. The Federal Arbitration Act (‘FAA’) provides that a court shall stay a court … action commenced in the face of a valid arbitration agreement provided that “the applicant for the stay is not in default in … proceeding with such arbitration” (9 U.S.C. § 3).The majority of U.S. circuit courts interpret the FAA as requiring that the …
Persistent link: https://www.econbiz.de/10014260928
Victims want to collect damages from injurers. Cases differ with respect to the judgment. Attorneys observe the expected judgment, clients do not. Victims need an attorney to sue; defense attorneys reduce the probability that the plaintiff prevails. Plaintiffs' attorneys offer contingent fees...
Persistent link: https://www.econbiz.de/10010427108
model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling …
Persistent link: https://www.econbiz.de/10010316782
model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling …
Persistent link: https://www.econbiz.de/10009712485
Victims want to collect damages from injurers. Cases differ with respect to the judgment. Attorneys observe the expected judgment, clients do not. Victims need an attorney to sue; defense attorneys reduce the probability that the plaintiff prevails. Plaintiffs' attorneys offer contingent fees...
Persistent link: https://www.econbiz.de/10010199570
The strong presumption against extraterritorial application of federal securities laws, as articulated in Morrison v. National Australia Bank, has significant implications for liability under Section 11 of the Securities Act. Morrison restricts federal securities law liability to purchases or...
Persistent link: https://www.econbiz.de/10011445366
selection agreements (V), service of process (VI) and the taking of evidence (VII) …
Persistent link: https://www.econbiz.de/10013083836
In recent years, reverse patent settlement agreements — whereby a patent holder pays or gives other forms of value to an infringer in order to avoid or to settle patent litigation — have raised considerable debate in the pharmaceutical field in both the United States and the European Union,...
Persistent link: https://www.econbiz.de/10013015192