Trend vs. Blip Dept.

Again? Yes, again. We may be reading more into this than we should, but isn't the First Circuit's tone in McGill v. U.S. Express Truck Co., No. 08-1101, a little bit exasperated?

Again? Really?

So here's another lesson: there are some contexts in which lawyers can rightly celebrate trial court victories and others in which a bit more circumspection is required. Sourcing Unlimited, Inc. v. Asimco Int'l Inc., First Cir. No. 07-254, decided yesterday, is a case in the latter category.

This is a case you should take a look at if you arbitrate. At all.