Products Liability Alternative Dispute Resolution (ADR)

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Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...more

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state...more

Court Confirms Arbitration Award In Reinsurance Billing Dispute

A New York federal district court affirmed an arbitration award in favor of R&Q Reinsurance Company as against its cedent, Utica Mutual, in a reinsurance dispute arising from certificates issued by R&Q reinsuring certain...more

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

Information Friday: Some News to End Your Week

Here’s a round-up of ADR news happening around the world. So, take a break, grab a cup of coffee and get informed!...more

Gene Grabowski on American Airlines' Brand Challenges [Video]

LEVICK Executive Vice President Gene Grabowski discusses the problems currently confronting American Airlines and outlines what the carrier can do to regain passenger confidence. American needs to address issues related to...more

How to Use Technology Effectively in Mediation

Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post...more

Wrongful Death

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

California Net Verdict Calculator for the iPad

One of my first posts on this blog discussed all the complications involved with calculating a verdict in California for personal injury cases, especially when a workers’ compensation lien and/or prior settlement must be...more

How Storyboards Helped Make a Complex Case and Could Help Yours, Too

This post spotlights one of the best and most convenient types of litigation graphics: Storyboards. What I mean by a “storyboard” is basically a series of images that are used to show how an incident occurred, what could have...more

What Attorneys Need to Know About the Cal. Supreme Court’s Important Ruling on Animation Admissibility

On Monday, the California Supreme Court issued a thoughtful opinion that finally provides strong guidance on the use of animations in trial, affirming their proper place in supporting expert testimony. The decision People v....more

Keynote for Attorneys: Tips to Try This Alternative to PowerPoint for Case Presentation

In my mind, there is simply no question that Keynote is superior to PowerPoint for many reasons, including: (1) it’s a Mac program, so it’s well integrated with all aspects of the Mac laptops and iPad; (2) it embeds videos in...more

The Beauty of Data: How to Use Adobe Illustrator with Excel to Show Complex Data for Litigation

Most people don’t find data beautiful, but it really can be. I am definitely not talking about endless pages of numbers, but rather about data that is visualized in an appealing manner, which actually can be an exciting and...more

Reviewing Depos on Your iPad - Review of TranscriptPad: Of Bricks and Hammers

If you’re in need of a quick and easy method of reviewing depos, running searches, assigning issue codes, adding notes and marking designations with your iPad, Lit Software, makers of the popular TrialPad app, have...more

Blogging and Social Media for the Legal Profession: Advice on What Works and Why

At the recent American Society of Trial Consultants convention in New Orleans, I was part of a wide-ranging panel discussion on social media and marketing that considered the benefits and effects of blogging and other social...more

What Trial Lawyers Can Learn From a Songwriter to Strengthen Their Case

At the American Society of Trial Consultants annual conference in New Orleans last week, I had the opportunity to be on a panel discussion about social media and blogging for the legal profession. There, I saw one of the...more

When and Why Your Case Needs an Animation for Litigation

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

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

McReynolds v. Krebs

Georgia Supreme Court Rules on Apportionment of Damages

The Georgia Supreme Court ruled that Georgia's modified comparative fault scheme is to be applied even in cases in which the plaintiff bears no fault....more

How Attorneys Should Use Graphics in a “David v. Goliath” Case

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

How Big Infographics Can Make a Big Impact in Litigation

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

e-Briefs on the iPad: An Exciting New Tool to Give Attorneys an Edge

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

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

Court of Appeals Compels Arbitration, Not Class Litigation

The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue. Plaintiff lawyers prefer the class action device, with its ability to pressure blackmail...more

Litigation Tip: The Best Way to Get Demonstrative Evidence Admitted at Trial

I always want to support attorneys using demonstrative evidence and trying new things in terms of design and tech. Demonstrative evidence is pretty much any evidence other than testimony that is presented during the course of...more

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