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New Jersey Law Journal

Decision Lowers Standard for Enforceability of Arb Clauses in Commercial Contracts

Although prior unpublished decisions have reached similar conclusions, the County of Passaic case resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context.
8 minute read

The Legal Intelligencer

Four Joint Insurers—Does an Arbitration Clause Appearing in Only One Policy Control?

What happens if following an insured's claim against four insurers, only one of the four insurance policies contains a mandatory arbitration clause? Will the entire claim be resolved through arbitration or in court? Or, perhaps, will the percentage claim against each insurer be resolved through the process set forth in its individual policy?
7 minute read

New York Law Journal

Virtual Reality of Sexual Harassment Related Claims and ADR

A set of Southern District of New York cases recently interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amended the FAA to preclude arbitration of a "sexual harassment dispute."
9 minute read

Daily Business Review

Is Private Judging Another Solution to Florida's Court Backlog?

"Every case that gets diverted from the public system, is one less case clogging up the system," said former Circuit Court Judge Alan Fine. "You can think of it as a concierge judicial service."
4 minute read

New Jersey Law Journal

It's a Bad Time to Get Divorced in New Jersey: More Litigants Try ADR

"If you can afford to go to arbitration, it's probably a good alternative. But if you can barely afford your attorney, I don't know how you're affording arbitration," said matrimonial attorney Paris Eliades.
6 minute read

New Jersey Law Journal

Court Says Website Design Can Ensure Notice of Mandatory Arbitration Clause

The Appellate Division in a published opinion overturned the ruling of a Hudson County judge, who said the arbitration agreement was void because it was not conspicuously presented and never used the terms "arbitration" or "waiver of right to sue."
5 minute read

Daily Business Review

Miami's Rise as 'Global Metropolis' Challenges New York as International Arbitration Hub

The city's historic ties to Latin America have laid the foundation and its current economic boom has made its case more compelling. Local law schools and the Florida Bar are also committed to building its reputation.
6 minute read

Texas Lawyer

Discovery Sanctions: Trial Judge Rightly Tightened Screws on Attorney, Clients

"Only when those sanctions did not result in compliance and ... appellants and Sternberg flouted the trial court's order did the court impose the $10,000 sanctions and the per-day sanctions," the Third District Court of Appeals wrote.
4 minute read

Legaltech News

Innovator of the Year, Law Firm: Timothy Cooke of Reed Smith LLP

"Innovation is not about awards, or even machine learning, it is about people—people learning to leverage technology to better serve their client's need," says Timothy Cooke, partner at Reed Smith LLP.
4 minute read

New Jersey Law Journal

No Signature, No Agreement: Appellate Court Denies Settlement Reached, Citing Bright-Line Rule Under 'Willingboro'

"This case is exactly the situation Willingboro addresses—settlement through the mediation process only occurs when the parties agree in writing," Judge Thomas W. Sumners Jr. wrote. "In deciding this appeal, whether mediation is court-ordered or voluntary is a distinction without a difference."
4 minute read

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