2024-02-20T17:47:30-05:00 2023-07-31 461335331 ALTRUIC ADVISORS CPAS 417 FOREST AVENUE PLYMOUTH MI 48170 990 2022-08-01 046079643 NATIONAL CIVIL JUSTICE INSTITUTE NATI 2029442841 777 6TH STREET NW WASHINGTON DC 20001 MARY COLLISHAW EXECUTIVE DIRECTOR 2029442841 2024-02-09 true MARY COLLISHAW 999009999 false RYAN N HAGAN CPA P00293011 8882985297 2024-02-20 2022 2023-04-26 12:10:37Z MARY COLLISHAW 777 6TH STREET NW WASHINGTON DC 20001 719270 false X WWW.NCJI.ORG X 1956 DC THE NATIONAL CIVIL JUSTICE INSTITUTE WAS ESTABLISHED IN 1956 BY A GROUP OF AMERICAN TRIAL ATTORNEYS TO SUPPORT THE U.S. CIVIL JUSTICE SYSTEM. THROUGH ITS PROGRAMS, THE INSTITUTE PROVIDES A BALANCED VIEW OF THE ROLE OF THE CIVIL COURTS IN SUSTAINING AMERICAN DEMOCRACY. 19 19 0 35 0 567818 687813 765 24212 30692 3213 0 595243 719270 0 0 137106 98833 0 74514 464992 529209 602098 628042 -6855 91228 1507282 1757981 133545 237237 1373737 1520744 X THE OBJECTIVES AND GOALS OF THE INSTITUTE SHALL BE TO RECEIVE AND ADMINISTER FUNDS FOR THE PURPOSE OF PROVIDING AND SUPPORTING EDUCATIONAL PROGRAMS FOR LAWYERS, LEGAL ACADEMICS, AND MEMBERS OF THE JUDICIARY, CONFERENCES AND PUBLICATIONS WHICH WILL ADVANCE THE STUDY AND SCIENCE OF JURISPRUDENCE; AND TO PROMOTE THE ADMINISTRATION OF JUSTICE. false false 489827 285755 2023 JUDGES FORUM: EXPERT TESTIMONY: JUDGES, VOIR DIRE, AND TRIAL BY JURY. THIS 31ST ANNUAL JUDGES FORUM WAS HELD IN PERSON JULY 15, 2023 IN PHILADELPHIA, PENNSYLVANIA. 81 JUDGES, ACADEMICS, AND ATTORNEYS FROM 29 STATES AND THE DISTRICT OF COLUMBIA LEARNED ABOUT THE UNIQUE NATURE OF SCIENTIFIC EVIDENCE IN AMERICAN CIVIL JUSTICE, AND CONSIDERED WHETHER MODERATING THE ROLE OF JUDGES AS EVIDENCE GATEKEEPERS WOULD BE BENEFICIAL FOR COURTS AND FOR THE AMERICAN LEGAL AND POLITICAL SYSTEM AS A WHOLE. THE CONVERSATIONS WERE FRAMED BY OUTSTANDING PAPERS: "EXPERT EVIDENCE: EVOLUTION OF RULES AND PRACTICES" BY PROF. MICHAEL SAKS (ASU); AND "JUDICIAL GATEKEEPING, EXPERT TESTIMONY AND PERCEPTIONS OF COURTS" BY PROF. ANNE BLOOM (BERKELEY). JUDGES ENJOYED INSIGHTFUL COMMENTS BY PANELS OF LAWYERS, JUDGES, AND PROFESSORS, AND ENGAGED WITH EACH OTHER DURING SMALL GROUP DISCUSSIONS. DURING LUNCH, JOYCE AND JASON DAUBERT DISCUSSED THEIR LITIGATION JOURNEY WHICH ULTIMATELY LED TO THE IMPLEMENTATION OF A LEGAL EVIDENCE STANDARD BEARING THEIR NAME. ATTENDING JUDGES GAVE THE FORUM AN OVERALL RATING OF 4.8 OUT OF 5. 49936 2023 ACADEMIC SYMPOSIUM ON SUBSTANTIVE DUE PROCESS. ON MARCH 31-APRIL 1, 2023, NCJI PARTNERED WITH THE SMU DEDMAN SCHOOL OF LAW IN PRESENTING AN ACADEMIC SYMPOSIUM, THE FUTURE OF SUBSTANTIVE DUE PROCESS: WHAT ARE THE STAKES? THE 2-DAY CONFERENCE WAS HELD AT SMU IN DALLAS, TX AND FEATURED 10 ORIGINAL ACADEMIC PAPERS ADDRESSING A VARIETY OF TOPICS RELATING TO SUBSTANTIVE DUE PROCESS RIGHTS: THE RIGHTS TO ACADEMIC FREEDOM, TRAVEL, AND END-OF-LIFE CARE; THE ROLE OF STATE COURTS AND CONSTITUTIONS; SECRECY AND TRANSPARENCY IN SDP LITIGATION; CHALLENGES IN CIVIL RIGHTS LITIGATION; GENDER AND REPRODUCTIVE ISSUES; THE IMPORTANCE OF SDP TO OUR DEMOCRACY; AND THE CIVIL RIGHT TO COUNSEL. DEAN ERWIN CHEMERINSKY (BERKELEY LAW) DELIVERED THE KEYNOTE ADDRESS, AND AN OUTSTANDING FACULTY LED PROVOCATIVE DISCUSSIONS ON THESE IMPORTANT ISSUES. THE AUDIENCE CONSISTED OF JUDGES AND LAW PROFESSORS FROM ACROSS THE COUNTRY, LAW STUDENTS, ATTORNEYS, NON-PROFIT PROFESSIONALS, COURT CLERKS, AND GOVERNMENT OFFICIALS. THE FINAL PAPERS WILL BE PUBLISHED IN THE FALL 2023 ISSUE OF THE SMU LAW REVIEW. 1335 THE INSTITUTE'S 2023 APPELLATE ADVOCACY AWARD WAS PRESENTED TO ATTORNEYS WHO HAVE BEEN INSTRUMENTAL IN SECURING FINAL APPELLATE COURT DECISIONS WITH SIGNIFICANT IMPACT ON THE RIGHT TO TRIAL BY JURY, PUBLIC HEALTH AND SAFETY, CONSUMER RIGHTS, CIVIL RIGHTS, AND MORE. THE 2023 AWARD WAS PRESENTED-FOR THE FIRST TIME IN THE AWARD'S HISTORY-TO ATTORNEYS IN TWO VERY DESERVING VICTORIES: KARLA GILBRIDE AND LEAH NICHOLLS (THEN BOTH OF PUBLIC JUSTICE) FOR MORGAN V. SUNDANCE, 142 S. CT. 1708 (2022), REPRESENTING A MAJOR FORCED ARBITRATION WIN BEFORE THE U.S. SUPREME COURT; AND TIMOTHY BILLION OF ROBINS KAPLAN LLP FOR ROSEBUD SIOUX TRIBE V. UNITED STATES, 9 F.4TH 1018 (8TH CIR. 2021), IN A CRUCIAL TRIBAL RIGHTS VICTORY. MORGAN V. SUNDANCE: IN RECENT YEARS THE U.S. SUPREME COURT HAS PROMOTED THE MECHANISM OF ARBITRATION OVER LITIGATION AND EXPANDING THE REACH OF THE FEDERAL ARBITRATION ACT, WITH DISASTROUS RESULTS FOR CONSUMERS, WORKERS, AND OTHERS WHO NEED TO PURSUE LEGAL REMEDIES IN COURT. MANY, IF NOT MOST, MODERN COMMERCIAL TRANSACTIONS AND EMPLOYMENT CONTRACTS INCLUDE MANDATORY ARBITRATION CLAUSES THAT MAKE IT EXTREMELY DIFFICULT FOR INDIVIDUAL CONSUMERS OR WORKERS TO OBTAIN MEANINGFUL REDRESS, BECAUSE THE LARGER CORPORATE PARTY CAN USUALLY DICTATE ITS OWN TERMS. WHEN ROBYN MORGAN WAS HIRED AS AN HOURLY EMPLOYEE AT A TACO BELL RESTAURANT OWNED BY SUNDANCE, INC., SHE WAS REQUIRED TO SIGN AN AGREEMENT TO ARBITRATE ANY EMPLOYMENT DISPUTE. NEVERTHELESS, WHEN SHE BELIEVED THAT SUNDANCE WAS VIOLATING APPLICABLE LAW WITH RESPECT TO OVERTIME PAY, SHE FILED A NATIONWIDE COLLECTIVE ACTION AGAINST THE COMPANY UNDER THE FAIR LABOR STANDARDS ACT (FLSA). AFTER EIGHT MONTHS OF LITIGATION, DURING WHICH SUNDANCE SOUGHT DISMISSAL AND PARTICIPATED IN UNSUCCESSFUL MEDIATION, THE COMPANY MOVED TO COMPEL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (FAA). ITS MOTION WAS DENIED BY THE DISTRICT COURT, BUT, ON SUNDANCE'S APPEAL, THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT REVERSED AND REMANDED. REPRESENTED BY KARLA GILBRIDE AND LEAH NICHOLLS, MS. MORGAN TOOK HER CASE TO THE U.S. SUPREME COURT. MORGAN ARGUED THAT, BY LITIGATING FOR TOO LONG, SUNDANCE HAD WAIVED ITS RIGHT TO COMPEL ARBITRATION. SUNDANCE ARGUED THAT ITS DELAY IN SEEKING ARBITRATION HAD NOT PREJUDICED THE PLAINTIFF, AND THAT IT WAS ENTITLED TO ARBITRATE. IN MORGAN V. SUNDANCE, INC., 142 S. CT. 1708 (2022), THE SUPREME COURT UNANIMOUSLY VACATED AND REMANDED. IN AN OPINION BY JUSTICE KAGAN, THE COURT HELD THAT PREJUDICE IS NOT A CONDITION FOR FINDING THAT A PARTY, BY LITIGATING TOO LONG, WAIVED ITS RIGHT TO STAY LITIGATION OR COMPEL ARBITRATION. THE SUPREME COURT'S DECISION OVERRULED THE 8TH CIRCUIT AND EIGHT OTHER CIRCUITS THAT HAD EMBRACED ARBITRATION-SPECIFIC WAIVER RULES REQUIRING A SHOWING OF PREJUDICE TO THE NON-WAIVING PARTY. THIS HOLDING MAKES IT EASIER FOR CLAIMANTS TO SHOW THAT A DEFENDANT HAS WAIVED A RIGHT TO COMPEL ARBITRATION BY PARTICIPATING SUBSTANTIALLY IN LITIGATION WITHOUT REGARD TO WHETHER SUCH PARTICIPATION HAS PREJUDICED THE CLAIMANT. ROSEBUD SIOUX TRIBE V. UNITED STATES: TIMOTHY BILLION OF ROBINS KAPLAN LLP IN MINNEAPOLIS, MN LED A PRO BONO EFFORT ON BEHALF OF THE ROSEBUD SIOUX INDIAN TRIBE TO REMEDY HISTORICALLY INADEQUATE HEALTHCARE FOR TRIBE'S MEMBERS AND SECURE QUALITY CARE IN THE FUTURE. HE USED THE INNOVATIVE VEHICLE OF A COMPLAINT FOR A DECLARATORY JUDGMENT THAT THE 1868 TREATY OF FORT LARAMIE, THE SNYDER ACT, THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA), AND FEDERAL COMMON LAW, REQUIRED THE GOVERNMENT TO PROVIDE COMPETENT PHYSICIAN-LED HEALTHCARE TO THE TRIBE AND ITS MEMBERS, AND TO ENSURE THAT THE HEALTH CARE SERVICES PROVIDED DID NOT FALL BELOW HIGHEST POSSIBLE STANDARDS OF PROFESSIONAL CARE. REPRESENTED BY MR. BILLION, THE TRIBE OBTAINED A PARTIAL SUMMARY JUDGMENT IN THE U. S. DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA, AND THE GOVERNMENT APPEALED. IN ROSEBUD SIOUX TRIBE V. UNITED STATES, 9 F.4TH 1018 (8TH CIR. 2021), THE U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT AFFIRMED THE SUMMARY JUDGMENT IN FAVOR OF THE TRIBE, HOLDING THAT THE UNITED STATES HAD A DUTY TO PROVIDE COMPETENT HEALTH CARE TO THE TRIBE AND ITS MEMBERS, AND THAT THE DUTY TO PROVIDE SUCH "COMPETENT PHYSICIAN-LED HEALTH CARE" WAS SUFFICIENTLY CONCRETE AND SPECIFIC. TIMOTHY BILLION AND HIS TEAM ENGAGED IN BRILLIANT ADVOCACY IN PURSUIT OF A NOBLE GOAL AND SECURED AN OUTSTANDING RESULT. 21734 NCJI AWARDED ITS CIVIL JUSTICE SCHOLARSHIP AWARD TO ONE BOOK AND ONE ARTICLE AND RECOGNIZED A SECOND ARTICLE FOR HIGH DISTINCTION. PROFESSOR BENJAMIN ZIPURSKY OF FORDHAM LAW SCHOOL AND PROFESSOR JOHN C.P. GOLDBERG OF HARVARD LAW SCHOOL ARE RECOGNIZED FOR THEIR BOOK "RECOGNIZING WRONGS" (HARVARD UNIVERSITY PRESS, 2020), IN WHICH THEY EXPLAIN HOW THEIR "CIVIL RECOURSE" CONCEPT MAKES SENSE OF TORT DOCTRINE AND CAPTURES THE WAYS IN WHICH THE LAW OF TORTS CONTRIBUTES TO THE MAINTENANCE OF A JUST POLITY. PROFESSOR DIEGO A. ZAMBRANO OF STANFORD LAW SCHOOL IS RECOGNIZED FOR HIS ARTICLE, "FEDERAL EXPANSION AND THE DECAY OF STATE COURTS", 86 U. CHI. L. REV. 2101 (2019), IN WHICH HE EXPLORES HOW FEDERAL EXPANSION MAY BE CONTRIBUTING TO THE DECAY OF STATE COURTS AND HAS REINFORCED A PLAINTIFF- DEFENDANT DIVERGENCE BETWEEN THE TWO SYSTEMS. HIGH DISTINCTION GOES TO PROFESSOR JONATHAN CARDI (WAKE FOREST UNIVERSITY SCHOOL OF LAW), PROFESSOR VALERIE HANS (CORNELL LAW SCHOOL), AND PROFESSOR GREGORY PARKS (WAKE FOREST UNIVERSITY SCHOOL OF LAW) FOR THEIR ARTICLE, "DO BLACK INJURIES MATTER?: IMPLICIT BIAS AND JURY DECISION MAKING IN TORT CASES", 93 SO. CAL. L. REV. 507 (2020). AFTER CONDUCTING ONE OF THE FIRST COMPREHENSIVE EXPERIMENTAL EXAMINATIONS OF HOW RACE AFFECTS JUDGMENTS ON PERSONAL INJURIES, THE AUTHORS FOUND THAT THE DOLLAR AWARDS FOR THE INJURIES SUFFERED BY BLACK PLAINTIFFS IN HYPOTHETICAL CASES WERE LOWER THAN AWARDS FOR THE SAME INJURIES EXPERIENCED BY WHITE PLAINTIFFS. PROFESSORS GOLDBERG, ZAMBRANO, AND ZIPURSKY RECEIVED THEIR AWARDS AT THE NCJI FELLOWS RECEPTION ON SUNDAY, FEBRUARY 5, 2023 IN PHOENIX, AZ. 21734 489827 true true false false false false false false false false true false false false false false false false false false false false false false false false false false false false false false false false false false false false false false false false false true false false false true 11 0 0 false false false false false false false false false false false false X 19 19 false false false false false false false true true false false false false false true true false false AL AK AR CA CO CT FL GA IL KY ME MD MA MI MN NC ND NH NV OH OK OR PA RI SC UT VA WA DC X X MARY COLLISHAW 2029442841 777 6TH STREET NW WASHINGTON DC 20001 MARY COLLISHAW EXECUTIVE DI 40.00 X 0 91886 41000 CHRISTOPHER T NACE PRESIDENT 2.50 X X 0 0 0 GALE PEARSON VICE PRESIDE 2.50 X X 0 0 0 DAVID G WIRTES JR TREASURER 2.50 X X 0 0 0 PEGGY WEDGWORTH SECRETARY 2.50 X X 0 0 0 GERSON SMOGER IMMED PAST P 1.25 X X 0 0 0 N JOHN BEY TRUSTEE 1.00 X 0 0 0 KATHY FARINAS TRUSTEE 1.00 X 0 0 0 ADAM J LANGINO TRUSTEE 1.00 X 0 0 0 ANDRE MURA TRUSTEE 1.00 X 0 0 0 BRANDI GATEWOOD TRUSTEE 1.00 X 0 0 0 RAYMOND R JONES TRUSTEE 1.00 X 0 0 0 MISTY A FARRIS TRUSTEE 1.00 X 0 0 0 MICHELLE L KRANZ TRUSTEE 1.00 X 0 0 0 AMBER PANG PARRA TRUSTEE 1.00 X 0 0 0 ELLEN A PRESBY TRUSTEE 1.00 X 0 0 0 LAUREN BARNES TRUSTEE 1.00 X 0 0 0 RICK BARRERA TRUSTEE 1.00 X 0 0 0 JENNIFER BENNETT TRUSTEE 1.00 X 0 0 0 CARAGH FAY TRUSTEE 1.00 X 0 0 0 91886 41000 false false false 121010 244051 322752 687813 REGISTRATION INCOME 765 765 765 30692 30692 719270 765 30692 X 98833 69183 14825 14825 4707 3060 1647 14656 9526 5130 173195 135166 21249 16780 15862 11279 2117 2466 141202 137372 1915 1915 50287 50287 335 335 3138 3138 PROMOTIONAL EXPENSES 50468 25234 25234 HONORARIA 27000 27000 AWARDS 18146 18146 BANK FEES 11165 7815 2233 1117 19048 8345 5303 5400 628042 489827 63701 74514 13630 283471 546256 106231 4167 5020 335 4685 1108393 1193410 5020 1507282 1757981 133545 237237 133545 237237 X 1332934 1508027 40803 12717 1373737 1520744 1507282 1757981 91228 55779 X false true X true false X 494279 465161 428166 567818 687813 2643237 494279 465161 428166 567818 687813 2643237 1183539 1459698 24050 22899 21073 24212 30692 122926 4825 2213 7038 2773201 765 0.52640 0.51820 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 5020 335 4685 4685 843224 55779 68175 123954 719270 719270 696217 68175 68175 628042 628042 FORM 990 - ORGANIZATION'S MISSION THE OBJECTIVES AND GOALS OF THE INSTITUTE SHALL BE TO RECEIVE AND ADMINISTER FUNDS FOR THE PURPOSE OF PROVIDING AND SUPPORTING EDUCATIONAL PROGRAMS FOR LAWYERS, LEGAL ACADEMICS, AND MEMBERS OF THE JUDICIARY, CONFERENCES AND PUBLICATIONS WHICH WILL ADVANCE THE STUDY AND SCIENCE OF JURISPRUDENCE; AND TO PROMOTE THE ADMINISTRATION OF JUSTICE. FORM 990, PAGE 2, PART III, LINE 4A 2023 JUDGES FORUM: EXPERT TESTIMONY: JUDGES, VOIR DIRE, AND TRIAL BY JURY. THIS 31ST ANNUAL JUDGES FORUM WAS HELD IN PERSON JULY 15, 2023 IN PHILADELPHIA, PENNSYLVANIA. 81 JUDGES, ACADEMICS, AND ATTORNEYS FROM 29 STATES AND THE DISTRICT OF COLUMBIA LEARNED ABOUT THE UNIQUE NATURE OF SCIENTIFIC EVIDENCE IN AMERICAN CIVIL JUSTICE, AND CONSIDERED WHETHER MODERATING THE ROLE OF JUDGES AS EVIDENCE GATEKEEPERS WOULD BE BENEFICIAL FOR COURTS AND FOR THE AMERICAN LEGAL AND POLITICAL SYSTEM AS A WHOLE. THE CONVERSATIONS WERE FRAMED BY OUTSTANDING PAPERS: "EXPERT EVIDENCE: EVOLUTION OF RULES AND PRACTICES" BY PROF. MICHAEL SAKS (ASU); AND "JUDICIAL GATEKEEPING, EXPERT TESTIMONY AND PERCEPTIONS OF COURTS" BY PROF. ANNE BLOOM (BERKELEY). JUDGES ENJOYED INSIGHTFUL COMMENTS BY PANELS OF LAWYERS, JUDGES, AND PROFESSORS, AND ENGAGED WITH EACH OTHER DURING SMALL GROUP DISCUSSIONS. DURING LUNCH, JOYCE AND JASON DAUBERT DISCUSSED THEIR LITIGATION JOURNEY WHICH ULTIMATELY LED TO THE IMPLEMENTATION OF A LEGAL EVIDENCE STANDARD BEARING THEIR NAME. ATTENDING JUDGES GAVE THE FORUM AN OVERALL RATING OF 4.8 OUT OF 5. FORM 990, PAGE 2, PART III, LINE 4B 2023 ACADEMIC SYMPOSIUM ON SUBSTANTIVE DUE PROCESS. ON MARCH 31-APRIL 1, 2023, NCJI PARTNERED WITH THE SMU DEDMAN SCHOOL OF LAW IN PRESENTING AN ACADEMIC SYMPOSIUM, THE FUTURE OF SUBSTANTIVE DUE PROCESS: WHAT ARE THE STAKES? THE 2-DAY CONFERENCE WAS HELD AT SMU IN DALLAS, TX AND FEATURED 10 ORIGINAL ACADEMIC PAPERS ADDRESSING A VARIETY OF TOPICS RELATING TO SUBSTANTIVE DUE PROCESS RIGHTS: THE RIGHTS TO ACADEMIC FREEDOM, TRAVEL, AND END-OF-LIFE CARE; THE ROLE OF STATE COURTS AND CONSTITUTIONS; SECRECY AND TRANSPARENCY IN SDP LITIGATION; CHALLENGES IN CIVIL RIGHTS LITIGATION; GENDER AND REPRODUCTIVE ISSUES; THE IMPORTANCE OF SDP TO OUR DEMOCRACY; AND THE CIVIL RIGHT TO COUNSEL. DEAN ERWIN CHEMERINSKY (BERKELEY LAW) DELIVERED THE KEYNOTE ADDRESS, AND AN OUTSTANDING FACULTY LED PROVOCATIVE DISCUSSIONS ON THESE IMPORTANT ISSUES. THE AUDIENCE CONSISTED OF JUDGES AND LAW PROFESSORS FROM ACROSS THE COUNTRY, LAW STUDENTS, ATTORNEYS, NON-PROFIT PROFESSIONALS, COURT CLERKS, AND GOVERNMENT OFFICIALS. THE FINAL PAPERS WILL BE PUBLISHED IN THE FALL 2023 ISSUE OF THE SMU LAW REVIEW. FORM 990, PAGE 2, PART III, LINE 4C THE INSTITUTE'S 2023 APPELLATE ADVOCACY AWARD WAS PRESENTED TO ATTORNEYS WHO HAVE BEEN INSTRUMENTAL IN SECURING FINAL APPELLATE COURT DECISIONS WITH SIGNIFICANT IMPACT ON THE RIGHT TO TRIAL BY JURY, PUBLIC HEALTH AND SAFETY, CONSUMER RIGHTS, CIVIL RIGHTS, AND MORE. THE 2023 AWARD WAS PRESENTED-FOR THE FIRST TIME IN THE AWARD'S HISTORY-TO ATTORNEYS IN TWO VERY DESERVING VICTORIES: KARLA GILBRIDE AND LEAH NICHOLLS (THEN BOTH OF PUBLIC JUSTICE) FOR MORGAN V. SUNDANCE, 142 S. CT. 1708 (2022), REPRESENTING A MAJOR FORCED ARBITRATION WIN BEFORE THE U.S. SUPREME COURT; AND TIMOTHY BILLION OF ROBINS KAPLAN LLP FOR ROSEBUD SIOUX TRIBE V. UNITED STATES, 9 F.4TH 1018 (8TH CIR. 2021), IN A CRUCIAL TRIBAL RIGHTS VICTORY. MORGAN V. SUNDANCE: IN RECENT YEARS THE U.S. SUPREME COURT HAS PROMOTED THE MECHANISM OF ARBITRATION OVER LITIGATION AND EXPANDING THE REACH OF THE FEDERAL ARBITRATION ACT, WITH DISASTROUS RESULTS FOR CONSUMERS, WORKERS, AND OTHERS WHO NEED TO PURSUE LEGAL REMEDIES IN COURT. MANY, IF NOT MOST, MODERN COMMERCIAL TRANSACTIONS AND EMPLOYMENT CONTRACTS INCLUDE MANDATORY ARBITRATION CLAUSES THAT MAKE IT EXTREMELY DIFFICULT FOR INDIVIDUAL CONSUMERS OR WORKERS TO OBTAIN MEANINGFUL REDRESS, BECAUSE THE LARGER CORPORATE PARTY CAN USUALLY DICTATE ITS OWN TERMS. WHEN ROBYN MORGAN WAS HIRED AS AN HOURLY EMPLOYEE AT A TACO BELL RESTAURANT OWNED BY SUNDANCE, INC., SHE WAS REQUIRED TO SIGN AN AGREEMENT TO ARBITRATE ANY EMPLOYMENT DISPUTE. NEVERTHELESS, WHEN SHE BELIEVED THAT SUNDANCE WAS VIOLATING APPLICABLE LAW WITH RESPECT TO OVERTIME PAY, SHE FILED A NATIONWIDE COLLECTIVE ACTION AGAINST THE COMPANY UNDER THE FAIR LABOR STANDARDS ACT (FLSA). AFTER EIGHT MONTHS OF LITIGATION, DURING WHICH SUNDANCE SOUGHT DISMISSAL AND PARTICIPATED IN UNSUCCESSFUL MEDIATION, THE COMPANY MOVED TO COMPEL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (FAA). ITS MOTION WAS DENIED BY THE DISTRICT COURT, BUT, ON SUNDANCE'S APPEAL, THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT REVERSED AND REMANDED. REPRESENTED BY KARLA GILBRIDE AND LEAH NICHOLLS, MS. MORGAN TOOK HER CASE TO THE U.S. SUPREME COURT. MORGAN ARGUED THAT, BY LITIGATING FOR TOO LONG, SUNDANCE HAD WAIVED ITS RIGHT TO COMPEL ARBITRATION. SUNDANCE ARGUED THAT ITS DELAY IN SEEKING ARBITRATION HAD NOT PREJUDICED THE PLAINTIFF, AND THAT IT WAS ENTITLED TO ARBITRATE. IN MORGAN V. SUNDANCE, INC., 142 S. CT. 1708 (2022), THE SUPREME COURT UNANIMOUSLY VACATED AND REMANDED. IN AN OPINION BY JUSTICE KAGAN, THE COURT HELD THAT PREJUDICE IS NOT A CONDITION FOR FINDING THAT A PARTY, BY LITIGATING TOO LONG, WAIVED ITS RIGHT TO STAY LITIGATION OR COMPEL ARBITRATION. THE SUPREME COURT'S DECISION OVERRULED THE 8TH CIRCUIT AND EIGHT OTHER CIRCUITS THAT HAD EMBRACED ARBITRATION-SPECIFIC WAIVER RULES REQUIRING A SHOWING OF PREJUDICE TO THE NON-WAIVING PARTY. THIS HOLDING MAKES IT EASIER FOR CLAIMANTS TO SHOW THAT A DEFENDANT HAS WAIVED A RIGHT TO COMPEL ARBITRATION BY PARTICIPATING SUBSTANTIALLY IN LITIGATION WITHOUT REGARD TO WHETHER SUCH PARTICIPATION HAS PREJUDICED THE CLAIMANT. ROSEBUD SIOUX TRIBE V. UNITED STATES: TIMOTHY BILLION OF ROBINS KAPLAN LLP IN MINNEAPOLIS, MN LED A PRO BONO EFFORT ON BEHALF OF THE ROSEBUD SIOUX INDIAN TRIBE TO REMEDY HISTORICALLY INADEQUATE HEALTHCARE FOR TRIBE'S MEMBERS AND SECURE QUALITY CARE IN THE FUTURE. HE USED THE INNOVATIVE VEHICLE OF A COMPLAINT FOR A DECLARATORY JUDGMENT THAT THE 1868 TREATY OF FORT LARAMIE, THE SNYDER ACT, THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA), AND FEDERAL COMMON LAW, REQUIRED THE GOVERNMENT TO PROVIDE COMPETENT PHYSICIAN-LED HEALTHCARE TO THE TRIBE AND ITS MEMBERS, AND TO ENSURE THAT THE HEALTH CARE SERVICES PROVIDED DID NOT FALL BELOW HIGHEST POSSIBLE STANDARDS OF PROFESSIONAL CARE. REPRESENTED BY MR. BILLION, THE TRIBE OBTAINED A PARTIAL SUMMARY JUDGMENT IN THE U. S. DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA, AND THE GOVERNMENT APPEALED. IN ROSEBUD SIOUX TRIBE V. UNITED STATES, 9 F.4TH 1018 (8TH CIR. 2021), THE U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT AFFIRMED THE SUMMARY JUDGMENT IN FAVOR OF THE TRIBE, HOLDING THAT THE UNITED STATES HAD A DUTY TO PROVIDE COMPETENT HEALTH CARE TO THE TRIBE AND ITS MEMBERS, AND THAT THE DUTY TO PROVIDE SUCH "COMPETENT PHYSICIAN-LED HEALTH CARE" WAS SUFFICIENTLY CONCRETE AND SPECIFIC. TIMOTHY BILLION AND HIS TEAM ENGAGED IN BRILLIANT ADVOCACY IN PURSUIT OF A NOBLE GOAL AND SECURED AN OUTSTANDING RESULT. FORM 990, PAGE 2, PART III, LINE 4D NCJI AWARDED ITS CIVIL JUSTICE SCHOLARSHIP AWARD TO ONE BOOK AND ONE ARTICLE AND RECOGNIZED A SECOND ARTICLE FOR HIGH DISTINCTION. PROFESSOR BENJAMIN ZIPURSKY OF FORDHAM LAW SCHOOL AND PROFESSOR JOHN C.P. GOLDBERG OF HARVARD LAW SCHOOL ARE RECOGNIZED FOR THEIR BOOK "RECOGNIZING WRONGS" (HARVARD UNIVERSITY PRESS, 2020), IN WHICH THEY EXPLAIN HOW THEIR "CIVIL RECOURSE" CONCEPT MAKES SENSE OF TORT DOCTRINE AND CAPTURES THE WAYS IN WHICH THE LAW OF TORTS CONTRIBUTES TO THE MAINTENANCE OF A JUST POLITY. PROFESSOR DIEGO A. ZAMBRANO OF STANFORD LAW SCHOOL IS RECOGNIZED FOR HIS ARTICLE, "FEDERAL EXPANSION AND THE DECAY OF STATE COURTS", 86 U. CHI. L. REV. 2101 (2019), IN WHICH HE EXPLORES HOW FEDERAL EXPANSION MAY BE CONTRIBUTING TO THE DECAY OF STATE COURTS AND HAS REINFORCED A PLAINTIFF- DEFENDANT DIVERGENCE BETWEEN THE TWO SYSTEMS. HIGH DISTINCTION GOES TO PROFESSOR JONATHAN CARDI (WAKE FOREST UNIVERSITY SCHOOL OF LAW), PROFESSOR VALERIE HANS (CORNELL LAW SCHOOL), AND PROFESSOR GREGORY PARKS (WAKE FOREST UNIVERSITY SCHOOL OF LAW) FOR THEIR ARTICLE, "DO BLACK INJURIES MATTER?: IMPLICIT BIAS AND JURY DECISION MAKING IN TORT CASES", 93 SO. CAL. L. REV. 507 (2020). AFTER CONDUCTING ONE OF THE FIRST COMPREHENSIVE EXPERIMENTAL EXAMINATIONS OF HOW RACE AFFECTS JUDGMENTS ON PERSONAL INJURIES, THE AUTHORS FOUND THAT THE DOLLAR AWARDS FOR THE INJURIES SUFFERED BY BLACK PLAINTIFFS IN HYPOTHETICAL CASES WERE LOWER THAN AWARDS FOR THE SAME INJURIES EXPERIENCED BY WHITE PLAINTIFFS. PROFESSORS GOLDBERG, ZAMBRANO, AND ZIPURSKY RECEIVED THEIR AWARDS AT THE NCJI FELLOWS RECEPTION ON SUNDAY, FEBRUARY 5, 2023 IN PHOENIX, AZ. FORM 990, PAGE 6, PART VI, LINE 11B THE TAX RETURN IS PROVIDED TO THE NATIONAL CIVIL JUSTICE INSTITUTE OFFICERS AND THE FINANCIAL OVERSIGHT COMMITTEE FOR REVIEW BEFORE FILING. FORM 990, PAGE 6, PART VI, LINE 15A THE INSTITUTE'S EXECUTIVE DIRECTOR'S COMPENSATION IS SET BY THE INSTITUTE'S BOARD OF TRUSTEES AT ITS ANNUAL MEETING. THE TRUSTEES REVIEW THE DIRECTOR'S PERFORMANCE FOR THE PAST YEAR, RELY ON PAST EXPERIENCE WITH PREVIOUS EXECUTIVE DIRECTORS TO DETERMINE A REASONABLE SALARY INCREASE, AND MAKE A WRITTEN RECORD OF THEIR DETERMINATION AND DECISION. FORM 990, PAGE 6, PART VI, LINE 17 MICHIGAN, MINNESOTA, NORTH CAROLINA, NORTH DAKOTA, NEW HAMPSHIRE, NEVADA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, UTAH, VIRGINIA, WASHINGTON, DIST OF COLUMBIA FORM 990, PAGE 6, PART VI, LINE 19 THIS MATERIAL IS AVAILABLE TO ALL OFFICERS AND TRUSTEES, BUT IS NOT MADE AVAILABLE TO THE PUBLIC. FORM 990, PART IX, LINE 11G CONSULTING 50,000 0 0 CONTRACTED LABOR 85,166 7,225 9,229 OTHER PROFESSIONAL 0 14,024 7,551 TOTAL 135,166 21,249 16,780 AMERICAN ASSOCIATION FOR JUSTICE 777 SIXTH STREET NW WASHINGTON DC 20001 042114561 DC 6 N/A false AAJ-ROBERT L HABUSH ENDOWMENT 777 SIXTH STREET NW WASHINGTON DC 20001 521964499 DC 3 12A N/A false false false true false false false false false false false false false false false false true false false false AMERICAN ASSOCIATION FOR JUSTICE C 34051 AMERICAN ASSOCIATION FOR JUSTICE P 286862 AAJ-ROBERT L HABUSH ENDOWMENT C 210000 SCHEDULE R THE EXECUTIVE DIRECTOR AND STAFF OF NATIONAL CIVIL JUSTICE INSTITUTE (NCJI), RECEIVED COMPENSATION FOR SERVICES PROVIDED TO NCJI, VIA THE AMERICAN FOR JUSTICE (AAJ), WHICH SERVES AS PAYROLL AGENT FOR NCJI. AAJ ADMINISTERS PAYROLL BENEFITS FOR NCJI, AND NCJI REIMBURSES AAJ FOR THESE EXPENSES.