Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
In This Issue:
- District of New Jersey Stays Medical Malpractice Suit Pending Arbitration:
Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
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
Originally published in Arizona Attorney - December 2012.
October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since...more
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
Last month, Kaiser Health News published a story about mandatory arbitration agreements in nursing home contracts. Such agreements are common when signing up for services such as credit cards and cell phones. Increasingly,...more
In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more
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
UPDATED THROUGH September 4, 2012
Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their...more
This article briefly explains how nearly all corporate clients are overbilled by their lawyers. In fact, according to the California State Bar, if your lawyers bill by the hour, then you’re likely being overbilled by...more
Nursing homes are free to use binding arbitration agreements in their contracts with residents, barring victims and their families from suing the homes even in extreme cases of personal injury and wrongful death, the Supreme...more
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
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
In a published decision, the Court of Appeal (Fourth Appellate District, Division Three) has held that a law firm which prevailed in mandatory fee arbitration against a former client was entitled to an award of attorney’s...more
In Robinson v. Isaacs, 2011 U.S Dist. LEXIS 118070, the U.S. District Court for the Southern District of California granted a petition to compel arbitration filed an investment advisor who was not a signatory to the advisory...more
Two recent California Court of Appeal decisions–one of them published–address the procedure for requesting a trial de novo following the issuance of an arbitration award under the Mandatory Fee Arbitration Act (MFAA) (Bus. &...more
A former client brought a complaint for legal malpractice against several attorneys. Some were signatories to an arbitration agreement with the client, but one was not. In response to a petition to compel arbitration brought...more
Suppose that during mediation a defendant offers plaintiff a million dollar settlement. The plaintiff ’s lawyer, who thinks the money is a fraction of the case’s value, advises the client not to accept the million, and...more
The California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more
In a published decision issued by the California Court of Appeal, Fourth Appellate District, Division One, the Court of Appeal addressed the issue of whether the trial court properly dismissed a petition to compel arbitration...more
Lawyer's Manual on Professional Conduct examines the recent SCOCA decision in Cassel v. Supreme Court (Wasserman, Comden, Casselman & Pearson LLP) and the issue of confidentiality in mediation with regards to legal...more
Reversing a decision of the Court of Appeal, the California Supreme Court has held that under Evidence Code section 1119, “all discussions conducted in preparation for a mediation, as well as all mediation-related...more
In Cassel v. Superior Court (Wasserman Comden Casselman & Pearson), the California Supreme Court evaluated the mediation confidentiality created by Evidence Code, § 1119, which prevents the admission of “evidence of...more
The grounds on which a binding arbitration award may be challenged in court are very limited, and a recent attack on an award against a former law-firm client was unsuccessful.
In Vigilant v. Lamprey (First Appellate...more
THIS DOCUMENT COVERS:Information Regarding Rights After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) ...more
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