Charles F Forer

December 09, 2014 | The Legal Intelligencer

The answer to Bob's arbitration demand included a laundry list of affirmative defenses: waiver, estoppel, license, statute of frauds, immunity, release, statue of limitations, duress, accord and satisfaction, laches, res judicata, and so forth. Didn't the respondent's lawyer read the demand? How does the statute of frauds apply in a case where the claimant seeks relief under a contract that both parties indisputably signed? And the respondent is a Fortune 500 company. Can it claim "duress" with a straight face? Bob scratched his head and chalked his adversary's "strategy" up to habit. Bob figured his adversary copied and pasted the same affirmative defenses into every answer no matter what the arbitration demand said.

By Charles F. Forer

7 minute read

October 14, 2014 | The Legal Intelligencer

Bob prepares intensely for mediation. He spends a lot of time preparing his client so the client's "extemporaneous" remarks in joint session send a strong message to the other side and suggest creative ways to settle the dispute.

By Charles F. Forer

7 minute read

August 12, 2014 | The Legal Intelligencer

What is an "independent" arbitrator if not an "impartial" arbitrator? The Texas Supreme Court had no difficulty answering this question. It said "independent" means only the arbitrator could not be employed by or otherwise under the control of one of the parties.

By Charles F. Forer

7 minute read

June 10, 2014 | The Legal Intelligencer

Bob is consistent and unwavering in his faith about all things he finds important. Take arbitration. Sure, he concedes, you give up your right to a jury trial and to appellate review of legal errors, no matter how glaring. But you get so much in return.

By Charles F. Forer

6 minute read

April 08, 2014 | The Legal Intelligencer

Several months ago, Bob discovered an arbitrator in one of his cases had a business relationship with the adverse party. Bob was smart enough to know the arbitrator probably would be partial to the adverse party.

By Charles F. Forer

6 minute read

February 11, 2014 | The Legal Intelligencer

Bob knows arbitration can be a quick process. One impediment: those darn appeals. Even when he wins at arbitration (and he occasionally does win), Bob and his client still have to face petitions to vacate the arbitration award.

By Charles F. Forer

7 minute read

November 12, 2013 | The Legal Intelligencer

Bob's client sold a portion of its business to Rabbit Corp. At Bob's urging, the client agreed to arbitrate any claims arising out of the sales agreement. A claim arose shortly after the sale.

By Charles F. Forer

7 minute read

September 10, 2013 | The Legal Intelligencer

Bob's client, Roger, came to Bob with a tale of woe. More than five years ago, Roger entered into a service contract with Alan. Roger completed the requested work, Alan paid the amount due, and the matter was over — seemingly.

By Charles F. Forer

7 minute read

March 12, 2013 | The Legal Intelligencer

Bob has had it with adversaries who act in bad faith in court-ordered mediation and get away with it. Last week, Bob and his client went to a court-ordered mediation session. Bob's client, the plaintiff in a commercial dispute, sought seven-figure damages arising out of the defendant's "shocking" and "ill-considered" breach of contract.

By Charles F. Forer

8 minute read

September 20, 2010 | The Legal Intelligencer

After he received the arbitration award in favor of the other side, Bob said to his client: "A loss, but only temporary."

By Charles F. Forer

6 minute read