The Legal Intelligencer | Commentary
By Charles F. Forer | January 3, 2023
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.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | January 3, 2023
In any mediation, the parties are looking to counsel and the mediator to set the tone. Better preparation, careful listening and focusing on the stakeholders, can make the process less painful and the result more palatable for our clients.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 12, 2022
Increasingly, courts are directing parties to mediate their disputes prior to trial. Failure to appear at the mediation can subject a party to court-imposed sanctions. But may the attorney whose client does not comply with the court's order face sanctions as well?
The Legal Intelligencer | Commentary
By Charles F. Forer | November 15, 2022
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 Max Mitchell | October 18, 2022
Wright Padilla's order regarding the lien also bars Haviland Hughes from "distributing any such sums, or conveying or distributing property of any kind to or for" Haviland until the judgment is paid in full.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | October 17, 2022
Recently, a federal court confirmed an arbitration award in an amount in excess of $185 million in a proceeding in which the arbitrator denied the respondent the opportunity for discovery as well as an evidentiary hearing. See 245 Park Member v. HNA Group (International), No. 22-cv-1536-(JGK) (S.D.N.Y. July 25, 2022). What warranted such an unusual result?
New York Law Journal | Analysis
By Matthew Solomon and Megan Yllanes | October 11, 2022
The impact of runaway jury verdicts for defendants—and the insurance industry, in particular—has been palpable.
The Legal Intelligencer | News
By Justin Henry | September 20, 2022
Former Philadelphia Court of Common Pleas Judge Mark Bernstein says Donald Haviland owes him over $20,000 for arbitrating a long-running dispute with his former employers.
The Legal Intelligencer | Commentary
By Charles F. Forer | September 19, 2022
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 Colleen Murphy | September 15, 2022
The U.S. Court of Appeals for the Third Circuit agreed with a federal judge in New Jersey that courts—not arbitrators—are authorized to determine whether an arbitration agreement is superseded by a subsequent contract.
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