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23 July 2008



Can a arbitrators decision be reversed due to inaccurate evidence. if he agrees he made the wrong decision.

Michael Fairbairn Cordova

Interesting Results


You are certainly right that selection effects must be thoroughly considered -- although both Plaintiphobia articles do so. As to whether appellate court are wrong in their legal conclusions, I would not call it a presumption, but in the context of summary judgment in employment discrimination cases in federal court, I would say (and have said in a non-quantitative piece: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=918280) that the appellate courts are, at best, inconsistent. As always, of course, further research may be warranted.


Interesting stuff, but it's hard to tell the meaning without knowing the selection effects and settlement outcomes. I don't understand the conclusions about employers engaging in legally risky behavior -- unless you operate on a presumption that the appellate courts are wrong in their legal conclusions.

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