Personal Injury Alternative Dispute Resolution (ADR) Civil Remedies

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Simser v. Aviva.

The Appeal decision in Simser v. Aviva (Appeal P13-00004) was recently released by the Financial Services Commission of Ontario (FSCO) on January 9, 2014. The appeal concerned clause 3(7)(e) of the Statutory Accident...more

Simser v. Aviva.

The Appeal decision in Simser v. Aviva (Appeal P13-00004) was recently released by the Financial Services Commission of Ontario (FSCO) on January 9, 2014. The appeal concerned clause 3(7)(e) of the Statutory Accident...more

Arbitration Decision Provides Guidance for Application of Minor Injury Guideline

In 2010, the Minor Injury Guideline (“MIG”) was added to Ontario’s Statutory Accident Benefits Schedule. Section 3(1) of the Schedule defines a “minor injury” as “one or more of a sprain, strain, whiplash associated...more

Section 128.7 Sanctions Not Available Following Arbitration

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more

Williston v Hamilton (Police Service), 2013 ONCA 296

An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more

Preparing for Mediation: Where the Real Advocacy Begins

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process...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

Neutrals create streamlined process for resolving natural disaster cases

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...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

International Arbitral Panel Enjoins Ecuador in the Chevron Matter

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

Prescriptive Periods in the UAE: Limitation periods for initiating legal proceedings under UAE law

Commentary on prescriptive periods (statutes of limitation) in the UAE as published in The Oath...more

An Update on California Law presented by Anna Fabiano and Jenny Li

Table of Contents: - ANTI-SLAPP STATUTE - ARBITRATION - DAMAGES - DISCOVERY - EMPLOYMENT LAW - EVIDENCE - GOVERNMENT LIABILITY - INDEMNITY - INSURANCE COVERAGE - NEGLIGENCE - PREMESIS LIABILITY -...more

The Mediation Process

Mediation is a form of Alternative Dispute Resolution (ADR) used to settle conflicts before resorting to a formal trial in a court of law. The mediation process is defined as a "method of nonbinding dispute resolution...more

Arbitration in General and U.C.A. § 31A-22-321 Arbitrations in Third Party Motor Vehicle Accident Cases

Utah Code Annotated §31A-22-321 provides for arbitration as an alternative to litigation in certain cases involving third party bodily injury claims where the damages are $50,000.00 or less. Many attorneys have traditionally...more

How To Settle A Dog Bite Claim And Get The Maximum Settlement Amount For Your Injuries Without A Lawyer in California

California Dog Bite, Personal Injury and Wrongful Death Attorney Sebastian Gibson tells the secrets of how to settle a dog bite claim for the maximum value settlement without a lawyer. Whether you have an auto, car,...more

Binding Arbitration Agreements in the Nursing Home Context

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

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