CONSUMER FRAUD LAWSUITS/COMMERCIAL LITIGATION
There have been several recent high-profile lawsuits that have captured public attention. For example, Scarlett Johansson filed a lawsuit against Disney over the release of the movie Black Widow1. Another example is the case of Spencer Elden vs Nirvana, where Elden sued the band over the use of his image on their album cover1. Additionally, there have been several high-profile lawsuits against major companies such as Amazon, McDonald’s, and Pinterest over allegations of discrimination and harassment.
Scarlett Johansson filed a lawsuit against Disney for releasing “Black Widow” on its streaming service Disney+ and in theaters at the same time. She alleged that this breached her contract and reduced her salary, which was based on the box office performance1. The lawsuit was settled in private arbitration two months later, with undisclosed terms. Johansson and Disney said they would continue working together.
Arbitration and a trial are two different methods of resolving legal disputes. A trial is a formal legal proceeding that takes place in a courtroom before a judge and/or jury. The judge or jury hears evidence from both sides and makes a decision based on the law and the facts presented.
Arbitration, on the other hand, is a private process where an arbitrator, who is an impartial third party, hears evidence from both sides and makes a decision. The decision of the arbitrator is usually binding on both parties. Arbitration can be faster and less expensive than going to trial, but it also has some limitations. For example, the parties usually have less control over the process and the outcome, and there may be limited options for appeal.
In summary, the main differences between arbitration and a trial are that arbitration is a private process that can be faster and less expensive than going to trial, while a trial is a formal legal proceeding that takes place in a courtroom before a judge and/or jury.
An arbitrator is an impartial third party who is chosen by the parties involved in a dispute to hear evidence and make a decision. The role of the arbitrator is similar to that of a judge in a trial, but the process is less formal and the rules of evidence are often more relaxed.
The arbitrator’s main responsibility is to ensure that the arbitration process is fair and impartial. This includes making sure that both parties have an opportunity to present their case and that all relevant evidence is considered. The arbitrator will then make a decision based on the evidence presented and the applicable law.
In most cases, the decision of the arbitrator is binding on both parties, meaning that they must accept it as final and cannot appeal it to a court. However, in some cases, the parties may agree to non-binding arbitration, where the arbitrator’s decision is only advisory and not enforceable.
Overall, the role of the arbitrator is to provide an efficient and fair way for parties to resolve their disputes without going to court.