Civil Procedure Products Liability Alternative Dispute Resolution (ADR)

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An Emerging Structure of ADR in Mass Torts and MDLs

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

Defending against Product Liability Down Under

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...

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

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

The California Supreme Court - What to Expect in 2015

On Wednesday, April 29, 2015 at 11 a.m. PDT/2 p.m. EDT, Sedgwick attorneys Kirk Jenkins (Chicago), Hall Marston (Los Angeles) and Michael Walsh (Los Angeles) presented a webinar titled “The California Supreme Court: What to...more

Placement of Checkbox Can Make or Break a Clickwrap Agreement

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

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

Best Practices for Settling MDLs

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

Polsinelli Podcast - Business Litigation Survival Guide [Audio]

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

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

Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...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

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

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

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

How to Use Technology Effectively in Mediation

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

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

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

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

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

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

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

When and Why Your Case Needs an Animation for Litigation

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

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

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

How Big Infographics Can Make a Big Impact in Litigation

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

4 Tips to Use “Show & Tell” to Improve Your PowerPoint for ADR or Trial

Many trial or ADR PowerPoint presentations could benefit from recapturing the craft of the “Show & Tell.” Too often, what we should be “telling” we put on the screen. And sometimes, what we should be “showing” we ignore all...more

Court of Appeals Compels Arbitration, Not Class Litigation

The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue. Plaintiff lawyers prefer the class action device, with its ability to pressure blackmail...more

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