Tag Archives: adhesion contracts

Strategic Withdrawal: What if your lawyer wants to cut and run?

Here’s an extreme example of how it’s the collateral impact of litigation that tends to dictate its course once the first few rounds of motions and discovery and other nonsense, coupled with lax judicial management, strip away progress on the … Continue reading

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Home Court Advantage: To arbitrate or not to arbitrate, that’s a tough question

Arbitration is supposed to be more efficient — quicker and cheaper — than court litigation.  When courts are overloaded with criminal cases and smaller civil cases, arbitration is supposed to be a private shortcut for the well to do.  In … Continue reading

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Got Rats?: Panicked parish signs lopsided fee agreement

Remember the Pied Piper of Hamelin?  He made a deal to rid Hamelin of rats, but the village didn’t pay, so he used his magic pipe to kidnap all the town’s children.  Here’s a story about a Louisiana parish ravaged … Continue reading

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Mixed Message: Bar spanks lawyer for $6 million fee bump, side-stepping $14 million base

Although there is an ethics rule prohibiting unreasonable fees (or some variation on that term) in all US jurisdictions, this provision is rarely enforced by bar authorities.  This minimal enforcement is partly due to the vagueness of the rule and … Continue reading

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Home Sweet Home: Homeowner Association bankrupts itself over political signage

Here’s a story about a homeowner’s association that didn’t like one owner’s decision to display a political poster supporting President Obama, in the 2008 election, that led to a civil suit that was still alive through the 2012 election.  Supposedly … Continue reading

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Privateers: States pay absurdly disproportionate bounties for private lawyers

A side effect of limiting the direct protection of consumers by government agencies — remember the FTC? — is a cottage industry of plaintiff law firms raking in billions in legal fees for doing little or no productive work to … Continue reading

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Pick Your Forum: Arbitration can be a risky alternative to court

Here’s a little note for people thinking about putting a mandatory arbitration clause into a contract.  We’ve had lots of posts already about arbitration, but here’s a different perspective. Mandatory arbitration, which is religiously enforced by the courts these days, … Continue reading

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Advance To The Rear: Lawsuit advances may leave plaintiffs behind

You may have noticed the TV commercials promising to advance money to plaintiffs in personal injury cases before their case is settled (or, very rarely, taken to trial).  The basic deal is that the plaintiff gets money early in the … Continue reading

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Arbitrary Justice: Growing pains for alternative dispute resolution

A few decades ago arbitration — until then a fairly rare replacement to court room litigation — became a recognized change of pace from slow, expensive, and somewhat random litigation (especially with complex or highly technical subjects, like scientific or … Continue reading

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Sticky Business: Non-negotiable adhesion contract arms race

It seems you can’t buy, rent, visit, watch, or use anything these days without signing something, or at least being told that your keystroke, unwrapping, click, inaction, action, or slightest twitch constitutes your solemn “agreement” to some sort of farcical … Continue reading

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