Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated by Cadwalader, Wickersham & Taft LLP on 5/4/2012 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
When and Why Your Case Needs an Animation for Litigation by Cogent Legal on 4/23/2012 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 by Cogent Legal on 4/16/2012 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
International Law -- ADR hits Europe by JAMS, The Resolution Experts on 4/10/2012 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 by Lawyers.com on 4/4/2012 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 by Dechert LLP on 3/22/2012 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
How Attorneys Should Use Graphics in a “David v. Goliath” Case by Cogent Legal on 3/12/2012 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
US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA by Littler on 3/7/2012 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
Mandatory Arbitration Ruling is Victory for Victims of Nursing Home Negligence and Abuse by Collins & Collins, P.C. on 3/6/2012 In many cases the decision to enter a nursing home is made under extremely difficult conditions. When signing admission contracts patients and their families are often in a state of extreme vulnerability, where their...more
How Big Infographics Can Make a Big Impact in Litigation by Cogent Legal on 2/28/2012 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
International Arbitral Panel Enjoins Ecuador in the Chevron Matter by Cadwalader, Wickersham & Taft LLP on 2/27/2012 In the ongoing battles between Chevron and Ecuadorian plaintiffs and, relatedly, with Ecuador itself, an international arbitration tribunal has issued a Second Interim Award on Interim Measures. The matter is...more
Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court by Ford & Harrison LLP on 2/22/2012 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
Cover your assets By Miles Cooper by Miles Cooper on 2/22/2012 Protecting your family’s financial safety and security in the face of uncertainty and risk takes planning and effort. Unfortunately, we frequently meet with people who have suffered an injury or death that, in...more
e-Briefs on the iPad: An Exciting New Tool to Give Attorneys an Edge by Cogent Legal on 2/15/2012 There’s been a lot of hype about the iPad’s apps for the legal profession. I’m going to add to it with a prediction that may seem far-fetched, but I believe stands a strong chance of coming to pass: The iPad will...more
4 Tips to Use “Show & Tell” to Improve Your PowerPoint for ADR or Trial by Cogent Legal on 2/9/2012 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