By Erin E. Gleason Alvarez and Peter A. Halprin | August 5, 2022
Lawyers and clients with arbitration clauses should familiarize themselves with emergency arbitration procedures and closely evaluate the benefits or disadvantages of utilizing such relief.
By J.P. Duffy | August 5, 2022
This article examines how the English Rule ensures that parties obtain complete relief, and how that rule assists in regulating party and counsel conduct.
By Alan D. Scheinkman | August 5, 2022
Counsel who are dealing with a valuation dispute should seriously consider the use of alternative dispute resolution; indeed, pursuant to new court rules, the assigned judge may encourage counsel to use ADR to resolve some or all of the issues in the case.
By Ross Todd | August 3, 2022
Feinberg, the septuagenarian who oversaw settlement funds involving 9/11 and the Deepwater Horizon oil spill, just landed the role as the "court-appointed estimation expert" in the Chapter 11 case of Johnson & Johnson's LTL Management.
By Allison Dunn | August 1, 2022
"In this case, the circuit court's ruling effectively and illogically prevented Mack from considering or rejecting settlement offers intended to avoid litigation if she wanted to retain her right to proceed with litigation under the Act," Judge Stevan T. Northcutt wrote on behalf of the unanimous panel. "Manifestly, nothing in the language of the statue prohibits a party from entertaining or rejecting settlement offers as a condition precedent to suit. Thus, the circuit court's ruling was error."
New York Law Journal | Analysis
By Anthony Michael Sabino | July 27, 2022
In this second article in a two-part series, the author discusses the recent U.S. Supreme Court case where the court held that airline cargo loaders and ramp supervisors are deemed "transportation workers" and therefore exempt from the Federal Arbitration Act's arbitration requirement.
The Legal Intelligencer | Commentary
By Charles F. Forer | July 21, 2022
At his urging, Bob's nursing home client ensured that its patients upon admission sign a Bob-drafted admission agreement. The agreement said binding arbitration would resolve all disputes between the nursing home and the patient.
By Colleen Murphy | July 20, 2022
The Appellate Division said that while Salerno Duane cannot compel arbitration due to their failure to pay the administration fees in the matter, that other provisions of the agreement remain intact.
By Colleen Murphy | July 19, 2022
"Were we to concur with the Appellate Division that ... the arbitration clause is somehow unenforceable in Crystal Point's action, we would contravene the Direct Action Statute's plain terms," Justice Anne M. Patterson wrote.
The Legal Intelligencer | Analysis
By Aleeza Furman | July 19, 2022
Eliminating the approval requirement would get rid of disproportionate case costs and may ultimately incentivize more lawyers to take on FLSA claims on behalf of low-wage workers.
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