Alternative Dispute Resolution (ADR), Personal Injury, Civil Procedure

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

DISPUTE RESOLUTION: International Arbitration: Chevron Tribunal Declares Ecuador in Breach of Interim Awards

by King & Spalding on 4/17/2013

On February 7, 2013, an investment arbitration tribunal issued its third interim measures award in the Chevron vs. Ecuador case. The tribunal found Ecuador in breach of its previous award ordering Ecuador to take all measures...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

Confessions of an adrenaline addict and trial lawyer

by Melody A. Kramer on 3/13/2013

Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/15/2013

A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more

Pennsylvania Superior Court Declines to Compel Arbitration of Tort Claims Despite Broad Arbitration Clause

by Matthew H. Adler, Brian A. Berkley | Pepper Hamilton LLP on 11/13/2012

Among the basic principles in arbitration law are: (1) courts should favor and defer where possible to a valid arbitration clause and (2) an arbitration clause that intends to arbitrate “any dispute” “arising out of or in...more

Survival, Wrongful Death, and Agreements to Arbitrate

by Sedgwick LLP on 9/24/2012

At least in theory, the days are long gone in most jurisdictions when courts were openly hostile to arbitration. Nevertheless, petitions to arbitrate are a frequent battleground between plaintiffs and defendants. On Thursday,...more

How to Use Technology Effectively in Mediation

by Cogent Legal on 9/17/2012

Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post...more

Wrongful Death

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Show and tell: up until trial, the adjuster and defense lawyer are your jurors

by Miles Cooper on 9/4/2012

The mediator, just finished with the preliminaries, turns to the plaintiff’s lawyer. “Anything you’d like to say to the other side while we’re all here?” The plaintiff’s lawyer responds. “We’ve said pretty much...more

What Attorneys Need to Know About the Cal. Supreme Court’s Important Ruling on Animation Admissibility

by Cogent Legal on 8/8/2012

On Monday, the California Supreme Court issued a thoughtful opinion that finally provides strong guidance on the use of animations in trial, affirming their proper place in supporting expert testimony. The decision People v....more

Eight Circuit Court of Appeals Affirms Dismissal under the Foreign Sovereign Immunities Act

by Cadwalader, Wickersham & Taft LLP on 7/23/2012

Community Finance Group, Inc., et al. v. Republic of Kenya, et al., No. 11-1816 (8th Cir. 2011), decided an FSIA case with practical implications for international dispute resolution practitioners. ...more

The Beauty of Data: How to Use Adobe Illustrator with Excel to Show Complex Data for Litigation

by Cogent Legal on 7/10/2012

Most people don’t find data beautiful, but it really can be. I am definitely not talking about endless pages of numbers, but rather about data that is visualized in an appealing manner, which actually can be an exciting and...more

What Trial Lawyers Can Learn From a Songwriter to Strengthen Their Case

by Cogent Legal on 6/13/2012

At the American Society of Trial Consultants annual conference in New Orleans last week, I had the opportunity to be on a panel discussion about social media and blogging for the legal profession. There, I saw one of the...more

ADR Neutrals Can Be Utilized with New ESI Rules

by Lawrence Kolin on 6/12/2012

ARTICLE ABSTRACT Changes are coming to existing rules and specifically include amendments to address ESI within Florida Civil Procedure Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil...more

Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated

by Cadwalader, Wickersham & Taft LLP on 5/4/2012

Jane Doe v. Princess Cruse Lines, Ltd., Jane Doe v. Princess Cruse Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic...more

When and Why Your Case Needs an Animation for Litigation

by Cogent Legal on 4/23/2012

More often than not, litigating a case boils down to persuasively explaining your theory of what happened. The best way often is to create a 3D animation. Nothing is more powerful to enhance the visualization and...more

Demonstrative Evidence: Half the Battle Is Keeping Out the Other Side’s

by Cogent Legal on 4/16/2012

Generally speaking, there are two ways to prevail at trial: (1) have better evidence and demonstratives than your opponent, and (2) keep your opponent’s evidence out. This article describes a couple of Cogent Legal's recent...more

How Attorneys Should Use Graphics in a “David v. Goliath” Case

by Cogent Legal on 3/12/2012

Having myself been a partner at a small five-attorney plaintiff firm for years, I certainly know the feeling of going against the big firms on cases that can attempt to overwhelm you with discovery, but that often have more...more

US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA

by Littler on 3/7/2012

In Marmet Health Care Center, Inc. v. Brown, the Supreme Court of the United States (SCOTUS) overruled the West Virginia Supreme Court’s refusal to enforce a predispute arbitration agreement governed by the Federal...more

How Big Infographics Can Make a Big Impact in Litigation

by Cogent Legal on 2/28/2012

This post spotlights three informational graphics that Cogent Legal created and describes how we wrestled with a mountain of data to present a large amount of information in a way that is instantaneously understandable and...more

International Arbitral Panel Enjoins Ecuador in the Chevron Matter

by Cadwalader, Wickersham & Taft LLP on 2/27/2012

In the ongoing battles between Chevron and Ecuadorian plaintiffs and, relatedly, with Ecuador itself, an international arbitration tribunal has issued a Second Interim Award on Interim Measures. The matter is...more

Marmet Health Care Center, Inc. v. Brown: Another Lesson in the FAA's Preemption

by Foley & Lardner LLP on 2/22/2012

Ignoring established precedent from a superior tribunal is one way for a court to earn a sharp rebuke from a higher court. And that is precisely what happened in a consolidated decision today in Marmet Health Care Center,...more

Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court

by FordHarrison on 2/22/2012

On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health...more

Cover your assets By Miles Cooper

by Miles Cooper on 2/22/2012

Protecting your family’s financial safety and security in the face of uncertainty and risk takes planning and effort. Unfortunately, we frequently meet with people who have suffered an injury or death that, in...more

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Alternative Dispute Resolution (ADR) › Personal Injury › Civil Procedure