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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:

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

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

Workers’ Compensation Mediation – What Employers Need to Know

by Tucker Arensberg, P.C. on

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

Make the Most of Your Mediation – The Personal Injury Case

by JAMS on

Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more

Summary Jury Trials Coming to the New York Commercial Division

by Kelley Drye & Warren LLP on

In the latest procedural innovation designed to facilitate increased efficiency in resolving business disputes, Rule 3 of the Rules of Practice for the Commercial Division has been amended to provide for this alternative...more

Witnesses in Arbitration – California Arbitration Act (Part I)

by JAMS on

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

by JAMS on

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are...more

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