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Alternative Dispute Resolution (ADR) Civil Remedies Professional Malpractice

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Your Patient Intake Forms May Need a Checkup

by Ward and Smith, P.A. on

On January 27, 2017, the North Carolina Supreme Court held that a physician and his practice could not enforce an arbitration agreement against a patient where the physician and his practice did not make full disclosure to...more

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

by Fowler White Burnett, P.A. on

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

by Fowler White Burnett, P.A. on

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Business Litigation Reporter - February 2016

by Goodwin on

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

Mandatory arbitration costs are properly assessed to law firm

by Hinshaw & Culbertson LLP on

In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

Attorney Gambles Chasing Fees and Loses Big

by Carlton Fields on

Originally published in Litigation News, American Bar Association (November 2012). As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

by Charles E. Rounds, Jr. on

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

McReynolds v. Krebs

Georgia Supreme Court Rules on Apportionment of Damages

by William Davis on

The Georgia Supreme Court ruled that Georgia's modified comparative fault scheme is to be applied even in cases in which the plaintiff bears no fault....more

The Map of the Iceberg of Toxic Foreclosure

by Richard Kessler on

When it comes to foreclosure, particularly those involving a mortgage sold to a trust, the media has reported all kinds of irregularities and improprieties. I thought it would be interesting to do a table of who might be...more

A Fee Change

by Kurt Schmalz on

A recent decision of the California Supreme Court has made the enforceability of arbitration clauses in attorney-client fee agreements more secure and raised questions about the continued usefullness of California's Mandatory...more

LMIC v. Lorman

Petition to Compel Arbitration and Request for Stay of Proceedings

Petition to compel arbitration and to stay proceedings under a lawyers professional liability insurance policy. ...more

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