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 John Amabile, Shayla Wright and Todd Sprinkle | May 30, 2023
Companies doing business in Georgia not only need to be aware of the risks of facing significant verdicts, but affirmatively undertake mitigating factors to try and reduce them. One way to mitigate the risk of unreasonably high jury verdicts is to include arbitration provisions in your contracts.
5 minute read
By Law Journal Editorial Board | May 28, 2023
We can only be thankful that this decision was not in a published, precedential opinion and cannot be cited for the logic it employed.
5 minute read
By Lawrence W. Newman and David Zaslowsky | May 24, 2023
In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.
9 minute read
By Judith J. Gische | May 23, 2023
A discussion of the recent decision in Matter of TCR Sports Broadcast Holding v. WN Partner, where the New York State Court of Appeals ended a nine-year battle in the New York State courts between the Washington Nationals and the Baltimore Orioles concerning their respective rights to profits and fees earned from telecasting games. Judge Judith Gische writes: "You are probably thinking—it took nine years in the courts for this matter to be resolved and while it did not fulfill arbitration's goal of expediency, at least the matter is over. Think again."
10 minute read
By Amanda Bronstad | May 18, 2023
"No one really likes having a master, except a St. Bernard," said Merril Hirsh, executive director of the Academy of Court-Appointed Neutrals.
7 minute read
By Paul B. Lackey, Kieran M. Corcoran and Bailey L. McGowan | May 16, 2023
The chaos of the early pandemic days continues to resonate. As a result, many judges looked for other avenues to offload their dockets—including virtual arbitration hearings.
6 minute read
By Charles F. Forer | May 15, 2023
Bob's approach to arbitrators and punitive damages. Bob always encourages his clients to avoid litigation by using "well drafted" arbitration provisions in their contracts. Fearing runaway awards, Bob routinely incorporates a "no punitive damage award" provision when he drafts arbitration agreements.
6 minute read
By Peter B. "Bo" Rutledge and Vladyslav Rudzinskyi | May 11, 2023
Regarding one case involving how the Federal Arbitration Act, four circuits (the Second, Third, Sixth and Tenth), the Eleventh Circuit at first sided with Chapter 1 vacatur grounds apply to nondomestic awards but later changed its mind.
4 minute read
By Colleen Murphy | May 8, 2023
"[B]ecause Americans interface with their financial institutions in different ways from the strictly paper era, who the 'reasonable person' is in a digital age needs to be updated," Judge Sueanna P. Johnson wrote in a concurring statement. "But this standard cannot be updated until laws are changed to reflect the evolving banking norms of Americans by restricting or prohibiting financial institutions from notifying consumers that they have updated terms and conditions in an email concerning one's monthly statement."
5 minute read
By Patrick R. Kingsley | May 4, 2023
As the old saying goes, "Sometimes it is more important for some things to be decided than to be decided correctly." As the saying recognizes, the efficiency in achieving resolution is sometimes just as important as the substantive resolution itself.
8 minute read
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