Tagged: conclusion

“[W]hen the Africans said ‘know thyself,’ they weren’t just talking about knowing yourself. They were saying to know yourself in relationship to everything else that exists in the cosmos. It is important that as we come together as a community, that we share the knowledge that we know, that we do it in a most magnificent way. We do it in a very humble way. Now when I use that word humble, I don’t mean it in the way that they define humble because all of us most know our greatness — but our greatness does not make us greater than other people. It is important that as we learn this and teach this and move forward, that we remain strong as our ancestors because we’re not inventing strength, we’re merely replicating what we see already. And brothers and sisters, as Dr. King has told us, as Malcolm has taught us, as the Honorable Marcus Mosiah Garvey taught us and as one of the greatest prophets that ever lived, the Honorable Bob Marley sang to us — we shall overcome by any means necessary. We are a people who will rise by the will of our wills because no one can curse who Jah has blessed. And by the very fact that we’re still on this Earth…the Creator force has blessed us and has a job for us and we must carry the torch across the field into the promise land for those yet unborn.” — Booker T. Coleman, Jr.

the drafters of the FAA and arbitration institutions have intentionally failed to “meaningfully and comprehensively” address interim and partial final awards. these deficiencies must be remedied by Congress and arbitral institutions like the AAA.

James Gaitis’ Conclusion:

In the final analysis, it is clear that the drafters of the FAA, perhaps understandably, materially failed to give consideration to the application of that statute to interim or partial awards. Arbitration institutions, too, have failed to meaningfully and comprehensively address the issue. The continuing advent of cases of first impression, splits in authority, and obvious misapplications of law all stand in open testament to the fact of these omissions and imply that even more confusion prevails behind the veil of confidentiality that obscures arbitration from the public eye. The time is more than ripe for these deficiencies to be remedied by the legislature and arbitral institutions alike and the arbitration community therefore must take the lead in demanding that result.

Source: James M. Gaitis, The Federal Arbitration Act: Risks and Incongruities Relating to the Issuance of Interim and Partial Awards in Domestic and International Arbitrations. 16 Am. Rev. Int’l Arb. 1, 130-131, 2005.

“Washington cannot cite to a stack of studies on discrimination that have nothing to do with WME and rely exclusively on them in claiming that WME has been engaged in a 100-year-old conspiracy to maintain white/Jewish dominance of the entertainment industry. To accept Washington’’s argument would be to endorse his racial and ethnic stereotyping and to permit a claimant to evade summary judgment based simply upon a generalized and inaccurate view of the entertainment industry and the talent agency workplace. Washington has admitted that WME never treated him differently because of his race; and his claim of disparate treatment fails for that reason alone.” — Michael Zweig of Loeb & Loeb LLP, November 20, 2013

If William Morris were truly innocent of Michael P. Zweig, Christian Carbone and Loeb & Loeb LLP’s criminal and unethical conduct, I think they would have a pretty strong claim for malpractice….

It’s funny to note that this statement was made in direct response to my following statement, in which they quote me in their Final Position Statement [pg. 8]:

Mr. Washington is not alleging that William Morris discriminated against him due to his race, color and/or perceived national origin. Based on the federal, state and city civil and human rights laws, the overwhelming amount of sociological and organizational research on the topic of discrimination in the workplace, and numerous articles published over the decades chronicling this issue of racism in Hollywood in magazines and newspapers including The New York Times, Los Angeles Times, The Hollywood Reporter, Entertainment Weekly and others, this is fact.

I said this in paragraph 172 of my COMPLAINT that was filed with the Southern District of New York on DECEMBER 21, 2010!! I knew then — “based on the federal, state and city civil and human rights laws, the overwhelming amount of sociological and organizational research on the topic of discrimination in the workplace, and numerous articles published over the decades chronicling this issue of racism in Hollywood….” that I uncovered between June and December 2010 — that my claims of pre and post-hiring individual disparate treatment due to my “race, color and/or perceived national origin” were a “fact.” I was not making an “alleg[ation]” against William Morris any longer (e.g. trying to discuss the issue with former COO Cara Stein and HR’s Carole Katz while employed, filing complaint with EEOC, etc.) and the additional evidence I’ve uncovered over the last three years since filing my complaint (e.g. “Exhibit 31” and the “on-going” conspiracy to conceal these “nigger” e-mails) further proves this is a fact — no matter what conclusion Gregory reaches on December 23, 2013.