Commercial Law & Contracts › Personal Injury › Alternative Dispute Resolution (ADR)

In Site Spring 2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Focused on Franchise Law - April 2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

Pennsylvania Superior Court Declines to Compel Arbitration of Tort Claims Despite Broad Arbitration Clause

Among the basic principles in arbitration law are: (1) courts should favor and defer where possible to a valid arbitration clause and (2) an arbitration clause that intends to arbitrate “any dispute” “arising out of or in...more

Eight Circuit Court of Appeals Affirms Dismissal under the Foreign Sovereign Immunities Act

Community Finance Group, Inc., et al. v. Republic of Kenya, et al., No. 11-1816 (8th Cir. 2011), decided an FSIA case with practical implications for international dispute resolution practitioners. ...more

Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated

Jane Doe v. Princess Cruse Lines, Ltd., Jane Doe v. Princess Cruse Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic...more

International Law -- ADR hits Europe

While mediation is a process familiar to most U.S. attorneys, this alternative dispute resolution method is undergoing a significant evolution in the European Union, and specifically Italy. In particular, the concept of...more

Supreme Court Rules Consumers Can’t Sue Nursing Homes

Nursing homes are free to use binding arbitration agreements in their contracts with residents, barring victims and their families from suing the homes even in extreme cases of personal injury and wrongful death, the Supreme...more

Arbitration, Sales Reps and Personal Injury Claims

While it doesn’t involve a drug or device claim, James v. Conceptus, Inc., N. H-11-1183, 2012 U.S. Dist. LEXIS 32434 (S.D. Tex. Mar. 12, 2012), does involve a device company, sales rep, arbitration clause, and a determination...more

US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA

In Marmet Health Care Center, Inc. v. Brown, the Supreme Court of the United States (SCOTUS) overruled the West Virginia Supreme Court’s refusal to enforce a predispute arbitration agreement governed by the Federal...more

Marmet Health Care Center, Inc. v. Brown: Another Lesson in the FAA's Preemption

Ignoring established precedent from a superior tribunal is one way for a court to earn a sharp rebuke from a higher court. And that is precisely what happened in a consolidated decision today in Marmet Health Care Center,...more

Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court

On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health...more

Court Hands Big Win to Florida Nursing Home Residents

Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more

Appellate Update

Since Chief Justice John Roberts’ appointment in 2005, three more new justices have joined the United States Supreme Court—Justice Samuel Alito in 2006, Justice Sonia Sotomayor in 2009, and Justice Elena Kagan last year....more

NY Court Rules Parent Corporations and Their Officers May Be Bound by Their Subsidiaries’ Arbitration Agreements

In January 2011, the Southern District of New York ruled that a parent corporation, as well as its officers and directors, may, in certain circumstances, be bound by an arbitration agreement entered into by its subsidiary....more

How California Attorneys Use Mediations to Settle Personal Injury, Business, Real Estate, Construction Disputes and Other Civil...

Any good mediation attorney or civil litigation lawyer in California knows how invaluable a tool mediations can be for resolving difficult disputes and litigation. This article examines how mediations can be utilized to...more

Bearss v City of Rutland

Complaint

The complaint is an example of a Section 1983 claim against a municipality for violation of an employees constitutional rights. ...more

Binding Arbitration Agreements in the Nursing Home Context

This article describes the possible methods of avoiding binding arbitration in nursing home litigation....more