January 2008

 

Can Litigation Ever Be Civil?

California State Bar Association issues civility guidelines
Have things gotten so bad that lawyers actually need written guidelines reminding them they should “treat clients with courtesy and respect” and “be punctual”? The Board of Governors of the California State Bar Association seems to think so.

 

Proposed Legislation Would Exempt Certain Disputes from Arbitration Under FAA

Section leaders disagree whether reform is necessary
Although arbitration has traditionally been seen as a fair and efficient form of alternative dispute resolution, certain lawmakers and litigators have become skeptical of this premise, particularly with respect to employment and consumer rights disputes.

Courts Work to Adapt to Philip Morris’s Limits on Punitive Damages

Revised jury charges will often be necessary, but will juries properly apply these limitations?
One year after the Supreme Court’s decision in Philip Morris USA v. Williams, courts are grappling with how to apply its primary ruling that juries assessing punitive damages may consider harm to nonparties “in determining reprehensibility” but may not “go further than this and use a punitive damage verdict to punish a defendant directly on account of harms it is alleged to have visited on nonparties.”