Question for the lawyers on DU....WTF

[pbmus]

Link to tweet

[dlk]

1. Of Course They Did

[Skittles]

2. I very much enjoy hearing opinions from real lawyers on DU

cough it up!

[elleng]

3. Have to hear pros and cons first,

but I'm betting the argument against private arbitration prevails.

[jberryhill]

10. Heres the brief

https://t.co/A5ZQ81ZACp

[The Velveteen Ocelot]

4. This was expected.

The judge that denied Avenatti's request to take Trump's deposition, as I understand it, because of a procedural rule requiring a request for arbitration to be filed by Cohen first. Now that this has been done Avenatti can ask again. The contract contains an arbitration clause, but Avenatti claims the whole contract is invalid so that clause doesn't apply, but now that Cohen has requested arbitration, I think that makes it possible to go ahead and litigate the question of the validity of the contract.

[jberryhill]

9. Heres the filing, incidentally

https://t.co/A5ZQ81ZACp

The basic upshot is that Daniels does not dispute that she agreed to arbitration, and that all of the other issues should be resolved in arbitration.

[TomSlick]

5. Arbitration agreements are becoming quite common in contracts.

Republican legislation on the national level favors arbitration agreements and the federal law preempts state law protections of jury trials.

If you will take the time to read the "fine print" in many contracts - both on paper and on-line - they contain arbitration agreements. These agreements tend to be very one-sided with the party proffering the contract given the power to select the arbitrator. As a rule, consumers find that arbitration is not financially viable.

When there is a Democratic majority in Congress, this wants attention.

[pbmus]

7. Thanks for your understanding...

[HopeAgain]

6. I assume there is an arbitration clause in the contract

I'm not sure what the question is. Would have been shocked had they not filed this.

[jberryhill]

8. Could you be more specific?

Like, have you actually looked at the contract she signed with the advice of counsel?

Here’s Cohen’s filing. What part of it is confusing?

https://assets.documentcloud.org/documents/4429429/4-2-18-Essential-Consultant-Motion-to-Compel.pdf