Charles F Forer

November 13, 2023 | The Legal Intelligencer

Bob is retiring. He has spent the last few days taking down diplomas from office walls; sending files to storage; and thinking about his mistakes, which I have been detailing for more than 20 years. Even Bob has to look at the tea leaves. How many more mistakes would he make? How could his malpractice carrier keep accommodating him?

By Charles F. Forer

8 minute read

September 18, 2023 | The Legal Intelligencer

Don't get cute just because arbitration is a more informal way of resolving disputes. Make sure you have given clear and timely notice of your client's claims, defenses and damages.

By Charles F. Forer

7 minute read

July 20, 2023 | The Legal Intelligencer

Because, he told his client, Pennsylvania courts as a matter of public policy favor settlement of disputes by arbitration. And because—according to Bob—the executors could not show any prejudice as a result of Bob's nine-month delay in seeking arbitration.

By Charles F. Forer

7 minute read

May 15, 2023 | The Legal Intelligencer

Bob's approach to arbitrators and punitive damages. Bob always encourages his clients to avoid litigation by using "well drafted" arbitration provisions in their contracts. Fearing runaway awards, Bob routinely incorporates a "no punitive damage award" provision when he drafts arbitration agreements.

By Charles F. Forer

6 minute read

March 16, 2023 | The Legal Intelligencer

There can be no "lawlessness or chaos" in enforcing an arbitration agreement if the allegedly breached contract contains, in a clear and unmistakable manner, the complete terms of the arbitration agreement whose validity is under attack.

By Charles F. Forer

7 minute read

January 03, 2023 | The Legal Intelligencer

Any cursory legal research would have uncovered the Pennsylvania Superior Court's recent opinion in Chilutti v. Uber Technologies, No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. Oct. 12, 2022). There, a ride-sharing customer purportedly entered into a mandatory binding arbitration agreement via a set of hyperlinked "terms and conditions" that—like Bob—he never had clicked on, viewed, or read.

By Charles F. Forer

7 minute read

November 15, 2022 | The Legal Intelligencer

An agreement to arbitrate arbitrability doesn't have to be in writing. A court will conclude that a party agreed to have the arbitrator decide arbitrability as well as merits issues, even without the party's written consent, if the party willingly participates in the arbitration without objecting to the arbitrator's jurisdiction or authority.

By Charles F. Forer

6 minute read

September 19, 2022 | The Legal Intelligencer

Bob knows courts overturn arbitration awards only in limited circumstances. So he confidently assured his client—Ronald, the respondent in a just ended arbitration proceeding—that the claimant would not be able to overturn the arbitration award in favor of Ronald. Did Bob speak too soon?

By Charles F. Forer

7 minute read

July 21, 2022 | The Legal Intelligencer

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 Charles F. Forer

6 minute read

May 12, 2022 | The Legal Intelligencer

When the other side sought to avoid arbitration—howling, "we can't afford to pay an arbitrator" —Bob barreled into court. He sought an order directing respondent to proceed to arbitration "in accordance with the unambiguous provisions of the governing arbitration provision."

By Charles F. Forer

9 minute read