Larry Coben

January 30, 2018 | The Legal Intelligencer

After the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, the committee appointed by the court to prepare jury instructions issued “suggested standard products liability instructions” (published by the PBI) in an effort to provide guidance to the bench and bar.

By Larry Coben

15 minute read

January 19, 2016 | The Legal Intelligencer

Since the early days of the 20th century, the arbitration of civil disputes has been embedded in our justice system, as in the Federal Arbitration Act (FAA), 9 U.S.C.S. Section 2 (1925). While intended to allow parties to a contract to resolve disputes via mandatory arbitration, over the past 30 to 40 years, the use of various forms of dispute resolution—besides mandatory arbitration—have found their way into other types of legal disputes by either contractual agreement or the adoption of requirements to participate in mediation as a prelude to a jury trial. In fact, at this time, there seems to be unanimity across the United States that every court system either requires or recommends that the parties participate in some form of dispute resolution before allowing in-court resolution by jury trial. The successful resolution of personal injury lawsuits via ADR is wildly variable and dependent upon the venue, the type of claim, the potential value of the claim and the attitude of the parties and the mediator. This article provides some helpful tips to assist counsel in resolving these cases without trial.

By Larry Coben

9 minute read

January 19, 2016 | The Legal Intelligencer

Since the early days of the 20th century, the arbitration of civil disputes has been embedded in our justice system, as in the Federal Arbitration Act (FAA), 9 U.S.C.S. Section 2 (1925). While intended to allow parties to a contract to resolve disputes via mandatory arbitration, over the past 30 to 40 years, the use of various forms of dispute resolution—besides mandatory arbitration—have found their way into other types of legal disputes by either contractual agreement or the adoption of requirements to participate in mediation as a prelude to a jury trial. In fact, at this time, there seems to be unanimity across the United States that every court system either requires or recommends that the parties participate in some form of dispute resolution before allowing in-court resolution by jury trial. The successful resolution of personal injury lawsuits via ADR is wildly variable and dependent upon the venue, the type of claim, the potential value of the claim and the attitude of the parties and the mediator. This article provides some helpful tips to assist counsel in resolving these cases without trial.

By Larry Coben

9 minute read