News & Analysis as of

Evidence Arbitration

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

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U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

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Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

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When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Association of Certified E-Discovery...

Embracing eDiscovery: Essential Knowledge for Arbitrators, Mediators, and Court-Appointed Neutrals

In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more

Jackson Lewis P.C.

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

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Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Mayer Brown

Cross-Border Transfer of Evidence from Mainland China under International Commercial Dispute Resolution Scenarios

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Cross-border transfer of evidence in litigation or arbitration proceedings is no longer innocuous in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a...more

IMS Legal Strategies

The Crucial Role of Expert Evidence in Complex International Arbitration

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In an era when companies from Boston are as likely to do business with Beijing as Baltimore, and a Seoul firm has regular commerce with Sao Paulo and Santiago, the means by which corporations and countries hammer out their...more

Carlton Fields

Second Circuit Affirms Schwab Victory in FINRA Arbitration

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The Second Circuit Court of Appeals recently affirmed a decision confirming an arbitration award in favor of Charles Schwab & Co. over allegations of discovery abuses that purportedly rendered the arbitration proceeding...more

JAMS

Inside the Minds and Hearts of Dispute Resolution Neutrals

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At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves. The attorney is an...more

BCLP

BCLP Arbitration Survey 2023 - AI in IA: the Rise of Machine Learning

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Welcome to the results of our Arbitration Survey 2023 on the use of Artificial Intelligence in International Arbitration. In keeping with this year’s survey topic, we asked a generative AI tool to compose an introductory...more

Carlton Fields

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

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The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

Epstein Becker & Green

Arbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today – SCOTUS Today

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Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more

TransPerfect Legal

Why Use Technology in Arbitration for Document Production & Expert Review

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Document production is becoming more common in arbitration today. Reliance on experts and other evidence to build and support a case has been and continues to be inevitable. Time and time again we see spiralling costs because...more

Troutman Pepper

SCOTUS Resolves Section 1782 Controversy: Courts Cannot Order Discovery in Most International Arbitrations

Troutman Pepper on

On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more

BakerHostetler

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

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In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

JAMS

Top Tips for Attorneys Representing Clients in Arbitrations

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Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more

K&L Gates LLP

HUB Talks: Discussing Expert Evidence in International Arbitration with Professor Doug Jones AO

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Chambers & Partners say of Professor Jones that "He is regarded by many as ‘the leading construction arbitrator in the world’". In this Podcast we discuss with Professor Jones his thoughts on different ways to more...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

Nextpoint, Inc.

The Essential Guide to Preparing Your Case for Trial, Hearing, or Arbitration

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In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more

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