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Wednesday, 6 April 2011

3d DCA Watch -- Let That Old Gym Equipment In!



Remember to roll on in this afternoon with your old gym equipment, I will be raffling off an opportunity to robe the judge of your choice (we'll work on getting their approval later)!

Let's dig in:

JN Auto v. US Security:

Judge Adrien directed verdict reversed.  SIMPLY AMAZING!

Moreno v. Moreno:

Hmm, there's an non-disparagement agreement with mandatory sanctions in a divorce decree.  Former spouse releases "tell-all" book about the break up of the marriage and goes on media tour.  Could this be a problem?

LBC Design v. Serruya:

Judge Schwartz dissents in affirmation of order denying arbitration.

See if you can tell what type of arbitration clause was at issue, and in what context it arises, so we can have an understanding of how to apply the law in the future (you know, the point of "precedent"):
While the arbitration clause is rendered somewhat uncertain by an apparently contrary provision, I think that the ambiguity should be resolved in accordance with the usual rule that favors arbitration.
Any takers?

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