Alternative Dispute Resolution (ADR) Professional Malpractice General Business

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
News & Analysis as of

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

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

Law Firm Engagement Letter Arbitration Clauses: A Higher Standard Required?

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? ...more

Broemmer v. Abortion Services of Phoenix, Ltd. - Arizona’s Curious Contribution to the Law of Contractual Arbitration By Barry D....

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

Arbitration

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

Court Grant’s Petition to Compel Arbitration Filed by Non-Signatory Investment Advisor

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

Agency Allegation in Malpractice Complaint Results in Right to Arbitrate by Non-Signatory to Arbitration Agreement

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

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

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

A Fee Change

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

11 Results
|
View per page
Page: of 1

Follow Alternative Dispute Resolution (ADR) Updates on: