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Alternative Dispute Resolution (ADR) Products Liability

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

Lessons From Two Auto Dealer Arbitrations About Nonsignatories

In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party...more

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame...

by Farrell Fritz, P.C. on

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more

SCOTUS Decisions May Provide A Roadmap to Enforcing Arbitration Clauses Included In Product Packaging

by Cozen O'Connor on

It is open opinion season at the U.S. Supreme Court, and two recent decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product...more

Considering Arbitration

by Reed Smith on

We first mused over arbitration and drug/medical device claims exactly six years ago, when the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011). In that widely studied...more

Ninth Circuit Affirms Denial of Samsung’s Motion to Compel Arbitration Based on In-Box Warranty Brochure

On January 19, 2017, the Ninth Circuit Court of Appeals affirmed a district court’s denial of Samsung’s motion to compel arbitration by the named plaintiff in a class action alleging that Samsung made misrepresentations as to...more

An Emerging Structure of ADR in Mass Torts and MDLs

by JAMS on

The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category...more

Creating and Maximizing Enforceable Settlements

by Cozen O'Connor on

Settling a case may be the culmination of years of litigation or a strategic move at the outset to avoid litigation costs. Many times, settlement occurs at some point in between. Regardless of when the settlement occurs, it’s...more

Defending against Product Liability Down Under

by Wilson Elser on

In this second collaborative blog post with the Australia-based law firm DibbsBarker, we take a look at the litigation process for product liability claims in Australia and how in some ways it differs from the process in the...more

Court Denies Motion To Vacate Arbitration Award, Finding Arbitration Appeals Process Was Valid, And That Panels’ Rulings Did Not...

by Carlton Fields on

Plaintiffs used a hay treatment product manufactured and sold by Cargill, Inc. A dispute arose between them concerning whether Cargill’s product caused serious injury to one of the plaintiffs. After protracted litigation...more

Top 2016 Litigation Issues Facing the Auto Supply Chain

by Foley & Lardner LLP on

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto...more

SHE Matters: The Consumer Rights Act 2015

by DLA Piper on

This year has seen the advent of a key new piece of legislation, which has boosted the statutory rights of consumers in the UK. The Consumer Rights Act 2015 (Act), the main provisions of which entered into force on 1 October...more

Placement of Checkbox Can Make or Break a Clickwrap Agreement

by Holland & Knight LLP on

The enforceability of a wrap agreement (browsewrap, clickwrap and shrinkwrap) can often turn on what to the untrained eye may be mere minutiae. Such minutiae can include the nuances of the design of a website. For example, in...more

Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration

by Polsinelli on

If you own a business, chances are one day you will likely be sued by a disgruntled employee, a customer or a vendor. But the solution may not be found in the courtroom. In this week's Polsinelli Podcast, William B. Hill, Jr....more

$1B Settlement Reached in Stryker Hip Implant Mass Tort

by JAMS on

Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four...more

Business Litigation Report -- October 2014

In This Issue: - Main Article: ..Multi-Jurisdictional Enforcement of Judgments - Noted With Interest: ..New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for...more

It’s the Mediator’s Form Agreement—Not Yours

by Wilson Elser on

Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the...more

Best Practices for Settling MDLs

by JAMS on

In recent years, studies have shown an increase in product liability lawsuits, and given the widespread sales of the products, many of these cases are being consolidated into multi-district litigations (MDLs). Many state...more

Arbitration: coming to store near you?

by Morrison & Foerster LLP on

The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more

Social Media a Risk Management Tool?

by Wilson Elser on

I recently read an article titled “When ‘Liking’ a Brand Online Voids the Right to Sue,” written by Stephanie Strom of the New York Times, that reported an interesting change in the way manufacturers are dealing with...more

Polsinelli Podcast - Business Litigation Survival Guide

by Polsinelli on

If you own a business the reality is that one day you will likely face a lawsuit. That may mean a lawsuit you have to bring to enforce an agreement or protect your company, or one you have to defend against a disgruntled...more

Consumers & Binding Arbitration - Company Websites & Social Media

by Cozen O'Connor on

Can a company require that you give up your right to sue the company if you download a coupon from the company’s website? What if you “like” one of the company’s products on Facebook? Over the last month, General Mills...more

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state...more

Court Confirms Arbitration Award In Reinsurance Billing Dispute

by Carlton Fields on

A New York federal district court affirmed an arbitration award in favor of R&Q Reinsurance Company as against its cedent, Utica Mutual, in a reinsurance dispute arising from certificates issued by R&Q reinsuring certain...more

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

by Nelson Brown & Co. on

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

Information Friday: Some News to End Your Week

by JAMS on

Here’s a round-up of ADR news happening around the world. So, take a break, grab a cup of coffee and get informed!...more

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