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Personal Injury Alternative Dispute Resolution (ADR)

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Are You Entitled to Diminished Value to your Vehicle after a Crash? Yes and No!

Woodland Hills personal injury attorney Barry P. Goldberg is asked by his clients almost daily whether they are entitled to “Diminished Value” of their vehicle after a crash. Obviously, a car repaired after a crash is never...more

What You Need to Know about a Car Insurance Dispute

If you’ve been named as the party responsible for a car accident in San Fernando Valley by an insurance company, you have the right to dispute their decision. Here’s what you need to know about car insurance disputes in...more

Uncle Sam’s bad reverse: nursing homes returning to forced arbitration

Look out Baby Boomers and Gen Xers: Just when you or your elderly loved ones may be most vulnerable and needing nursing home care, the government is going back to allowing nursing home administrators to push a pile of...more

Know Your Options When Your Insurer “Low-Balls” Your Uninsured Motorist Claim!

Woodland Hills personal injury attorney Barry P. Goldberg loves handling Uninsured Motorist claims because it is one of the few circumstances where the insured has leverage over his or her insurance company. Barry definitely...more

SCOTUS Decisions May Provide A Roadmap to Enforcing Arbitration Clauses Included In Product Packaging

by Cozen O'Connor on

It is open opinion season at the U.S. Supreme Court, and two recent decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product...more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

by Dickinson Wright on

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend”...more

Is Your Arbitration Agreement Enforceable?

by Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Can a dismissed employee be defamed in CCMA arbitration proceedings

by Hogan Lovells on

Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

(Another) New Burden Placed on Pennsylvania Long Term Care Facilities- Determining Whether an Agent Actually Had Authority to Sign...

by Tucker Arensberg, P.C. on

On February 1, 2017, the Pennsylvania Superior Court ruled in Petersen v. Kindred Healthcare, Inc., 2017 PA Super. 26, that a party, such a nursing home, must determine whether a successor agent actually has authority to act...more

Three Point Shot - November 2016

by Proskauer Rose LLP on

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

by Fowler White Burnett, P.A. on

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

by Fowler White Burnett, P.A. on

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Picking a Fair Arbitrator for Your Uninsured Motorist Case

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured”, including arbitrations. It is a simple enough idea that UM/UIM cases are determined by binding arbitration if...more

Nursing homes barred from hiding patient harms behind a dubious legal shield

A 100-year-old woman is strangled by her roommate, but a lawsuit against the nursing home gets blocked from court. Another nursing home dodges a suit when a 94-year-old patient suffers an unexplained and fatal head wound. An...more

Why You Need an Attorney for an Uninsured Motorist Claim.

Woodland Hills personal injury lawyer Barry P. Goldberg is considered the “go to” resource for all things “Uninsured and Underinsured Motorist.” In fact, Mr. Goldberg receives regular calls from lawyers throughout California...more

Employment Law Navigator – Week in Review: September 2016 #2

by Zelle LLP on

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

Can You Reverse an Uninsured Motorist Arbitration Award?

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things Uninsured and Underinsured, including UM/UIM Arbitrations. While UM/UIM arbitrations provide a relatively inexpensive and prompt result, many...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

by Hinshaw & Culbertson LLP on

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Defending against Product Liability Down Under

by Wilson Elser on

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

Make the Most of Your Mediation: The Neighbor Dispute

by JAMS on

Disputes between neighbors are among the most blistering battles in the courthouse. As one advocate observed during a break in Day 3 of Hatfield v. McCoy, “At least in a divorce, one of the parties moves out of the house.”...more

Car Accident Mediation? —- Yes, Please!

Woodland Hills personal injury and car accident attorney Barry P. Goldberg is a very strong believer in mediation in every case possible. Mediation serves many purposes even if a case cannot be resolved. On behalf of my...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 1 CCP § 1282.2

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

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