The Supreme Court of the United States has declined to consider whether “final mile” delivery drivers are transportation workers engaged in interstate commerce and exempt from the Federal Arbitration Act (“FAA”).  In Amazon.com, Inc. vs. Rittmann, (No. 20-622) an Amazon delivery driver, Rittman, filed a putative class-action Fair Labor Standards Act lawsuit on behalf of thousands of Amazon delivery drivers.  In response, Amazon moved to resolve the dispute via individual arbitration pursuant to…
One of the reasons for defining the plain and ordinary meaning is so the jury does not have to decide on the scope of the claim and it is clear to them what that scope is from the beginning. For example, in Eon Corp. IP Holdings LLC v. Silver Spring Networks, the scope of the claim was left open for the jury to decide after the district court determined the terms should be given their…
In a patent infringement claim case, a court or special master must define the scope of the claim construction. “The purpose of claim construction is to ‘determine the meaning and scope of the patent claims asserted to be infringed.’” O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 521 F.3d 1351, 1360 (Fed. Cir. 2008) (quoting Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed.Cir.1995) (en banc)). The patent is composed of claims…
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted.  The case was a follow-up to the high court’s unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019) regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability. According to Henry Schein’s petition for…
The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”.  The September 2020 survey asked litigators across the United States about their online dispute resolution (“ODR”) experiences and preferences.  Of the 500 litigators who responded, only two percent of respondents participated in a remote mediation or arbitration via videoconferencing software such as Zoom prior to March 2020.  By September 2020, however, nearly 95 percent of survey…
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may seek discovery in the United States under 28 U.S.C. § 1782(a).  Under the law, evidence for use before a “foreign or international tribunal” may be obtained via the U.S. federal district courts.  The nation’s federal courts, however, are currently split regarding whether private commercial arbitration tribunals are included in the definition…
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law,  has published “Arbitrator Diversity: Can It Be Achieved?” Washington University Law Review, Vol. 98; Ohio State Legal Studies Research Paper No. 581.  In her journal article, Professor Cole examines various approaches to increasing arbitrator diversity. The abstract states: The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list…
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial Division at the American Arbitration Association in New York, and Steven Kuyan, Director of Entrepreneurship at New York University’s Tandon School of Engineering and Managing Director of the NYU Tandon Future Labs, have published “Artificial Intelligence and Arbitration: The Computer
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.  In Robertson v. Intratek Computer, Inc., No. 19-50792 (5th Cir., October 2, 2020), a worker, Robertson, signed an employment contract that included an arbitration agreement as a condition of employment with a company, Intratek. After Robertson was terminated, he filed a whistleblower complaint…
A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for Law and Technology, 58th Annual Conference on Intellectual Property Law.  The virtual conference topics may be found on the event website. In their presentation, Karl Bayer, University of Texas School of Law Professor Tracy McCormack, and the Exhibit Company’s Sherrie Wirth discussed: Mediations, arbitrations, motion…