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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By William P. Shelley | January 15, 2018
The longer cases are litigated, the more they cost. Particularly for corporate parties, this means more internal time is lost, and more dollars may need to be held in reserve over long periods which could be more productively applied elsewhere. Thus, it is no surprise that many companies who regularly litigate closely track the time cases are open as one yardstick to measure the performance of outside counsel.
1 minute read
By Diane Welsh and Jerry Roscoe | January 15, 2018
In the past year, each of us performed a damages allocation arising from a horrific accident—the May 2015 derailment of Amtrak Train 188 in Philadelphia, a crash that killed eight and seriously injured 200 people, and the June 2013 collapse of the Salvation Army Thrift Store in Center City, which killed seven and severely injured 12.
1 minute read
By John L. Slimm and Jeremy J. Zacharias | January 15, 2018
It is an unpleasant fact that a bad result may occur when representing a client. Attorneys are not “guarantors,” “backstops” or “insurers” of the outcome of a matter they handle.
1 minute read
By Robert A. Korn | January 15, 2018
Where guided choice mediation is utilized, the parties agree on the selection of a mediator whose role it is to assist them, in the early stages of a dispute, in achieving a timely resolution of that dispute.
1 minute read
By Charles Toutant | January 12, 2018
TD Bank has agreed to a $7.5 million settlement of suits claiming that its Penny Arcade coin-counting machines shortchanged depositors.
1 minute read
By Ben Seal | January 11, 2018
A Pennsylvania State Police trooper fired for unbecoming conduct after he was accused of harassment by a female trooper can return to work because the incidents that led to his dismissal were not proven at an arbitration hearing, the Commonwealth Court has ruled.
1 minute read
By Charles F. Forer | January 8, 2018
Whenever Bob discusses arbitration with a client, he talks about the advantages of avoiding court proceedings. His first words always are, “You save so much money.” Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides.
1 minute read
By Zack Needles | January 4, 2018
The dissolution of an investment advisory firm does not need to be arbitrated before a Financial Industry Regulatory Authority panel even though the firm's members are FINRA-registered advisers, the Pennsylvania Superior Court has ruled.
1 minute read
By Harry N. Mazadoorian | January 3, 2018
Resisting regulation when it is truly needed would put many disputants at a distinct disadvantage. But overregulation would sap ADR of the very vitality which has been its lifeblood: party determination and control.
1 minute read
By John Council | December 27, 2017
The attorney managed to pull it off when the court decided to allow his client to pursue a multimillion-dollar price-fixing case before a federal jury in Texas.
1 minute read
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