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In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more
New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more
New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more
Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...more
With the rising popularity of alternative dispute resolution, more contractual agreements are including mandatory arbitration clauses....more
Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more
In This Issue: - Letter from the Editor - California Supreme Court Enforces Arbitration Provision in Construction Defect Case - Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases...more
This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more
On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable...more
Ever-increasing pressures to resolve disputes quickly and efficiently make it critical to give early consideration to strategies to maximize means for prompt resolution of disputes by settlement or adjudication. By making an...more
In order for an option to renew or extend to be enforceable (as opposed to being a mere “agreement to agree”, which is unenforceable at law), there are two required...more
Originally published in A Carswell Publication - Legal Alert • September 2011 • Volume 30 • Number 6. Binding arbitration typically determines the rent during a renewal/extension term where the...more
Anyone who leases a property on a regular basis sooner or later runs into the same problem — a tenant who stops paying rent or otherwise stops honoring the tenant’s obligations under the lease. The landlord asks the tenant to...more
A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more
VirtualCourthouse provides a fresh new approach to arbitration. An approach which provides flexibility and cost savings not available through AAA, JAMs, National Arbitration Forum. Have you noticed that arbitration has become...more
Welcome to our autumn newsletter. In this edition we look at the implications of the Equality Act, which will start to come into effect in October 2010. We have reports on how the default retirement age is to be scrapped,...more
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