Alternative Dispute Resolution (ADR) Professional Malpractice Civil Procedure

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District Court Declines To Consolidate Disputes Arising Out Of Two Reinsurance Contracts

Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more

Mandatory arbitration costs are properly assessed to law firm

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

Reinsurance Redux - May 2013

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

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

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

Wrongful Death

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

Recent Rulings Concerning the Mandatory Fee Arbitration Act

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

MCLE Self-Study Article Mediation Confidentiality and Legal Malpractice: Cassel v. Superior Court

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

California Supreme Court Refuses to Create Exception to Mediation Privilege, Prohibiting Disclosure of Attorney Communications in...

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

Augusta v. Keehn & Associates: Delay and Taking Steps in Superior Court Inconsistent with Right to Arbitrate Results in Waiver of...

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-Client Talks Relating to Mediation Cannot Be Used to Prove Malpractice Claim

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

Cassel v. Superior Court: Supreme Court Rules that Mediation Confidentiality Shields Attorneys From Claims Based on Mediation...

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

A Unanimous CA Supreme Court Upholds Mediation Confidentiality

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

Court Confirms Arbitration Award in Favor of Law Firm Even Though Firm Did Not File Petition to Compel Arbitration

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

INFORMATION ON ATTORNEY-CLIENT FEE AFTER ARBITRATION

THIS DOCUMENT COVERS:Information Regarding Rights After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) ...more

Legal Malpractice Claim Against Predecessor Counsel Should Not Be Referred to Arbitration in the Absence of an Agreement to...

In ruling on a petition to compel arbitration, some of the more challenging issues faced by the court relate to the application of Code of Civil Procedure section 1282.2(c) (a petition to compel arbitration based on a written...more

Benjamin, Weill & Mazer v. Kors: Arbitrator Must Disclose Business Relationships Which Create an Impression of Possible Bias

This published opinion dated October 12, 2010 addressed the issue of the scope of disclosures required to be made by an arbitrator handling a binding attorney-client fee disputed under the California Arbitration Act. The...more

California Law Firm Subject to Personal Jurisdiction in New York, but Entitled to Binding Arbitration of Legal Malpractice Claim

A Los Angeles law firm spent two years prosecuting an action in California on behalf of its client, a New York venture capital firm. The client then fired the firm and brought a claim for legal malpractice against it in New...more

California Supreme Court Holds That Heirs in a Wrongful Death Action Are Bound by Decedent's Agreement to Arbitration

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

Personal liability of Dutch arbitrators for wrongful decisions

This document answers the question whether or not it is possible to succesfully hold arbitrators liable for delivering a wrongful award after this award has been set aside by a Court....more

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