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PRACTICE COLUMNS

Litigation

The Right of a Non-Signatory to Enforce an Arbitration Clause

Monday, July 21, 2008

In several of his articles in The Legal Intelligencer dealing with alternative dispute resolution, Charles Forer has addressed the rights of parties to a contract to demand or refuse to submit to arbitration.

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Court Clarifies Use of Measured Mile Theory, Notice of Claims Provisions

The Legal Intelligencer

Thursday, July 17, 2008

For more than 20 years, it has been accepted practice in construction litigation to measure damages through the "measured-mile" method of damages calculation.

Effectively Using Technology in a Med Mal Trial

The Legal Intelligencer

Tuesday, July 15, 2008

A few years ago, many lawyers lacked the fundamental tools to effectively use technology to present evidence in a complex medical malpractice case. Records were blown up, mounted on boards and manually held up for the jury's review.

Measuring the 3rd Circuit Rulings Against the U.S. High Court

The Legal Intelligencer

Monday, July 14, 2008

The U.S. Supreme Court, in its last term, issued 67 signed opinions in argued cases. None of those cases reached the Supreme Court directly from the 3rd U.S. Circuit Court of Appeals.

'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs

The Legal Intelligencer

Thursday, June 19, 2008

In January, Jan Marini Skin Research suspended U.S. sales of its product, Age Intervention Eyelash Conditioner, which had been marketed as a cosmetic product that could be used to make eyelashes look longer and increase eyelash growth.

Persuading Non-Parties to Agree to Arbitration

The Legal Intelligencer

Monday, June 16, 2008

Anne has breach of fiduciary duty and corporate waste claims against John, a former 50 percent stockholder in JoAnne Corp., a closely held corporation that Anne and John formed.

Making Magic in the Courtroom: Pulling Presentation Skills Out of a Hat

The Legal Intelligencer

Friday, June 13, 2008

Can trial lawyers learn how to better connect with jurors by taking a few magic lessons?

Avoid Quick Fixes and Control the True Cost of Litigation

Texas Lawyer

Thursday, June 12, 2008

How does a business enterprise in the United States reduce its litigation costs in an era when the U.S. legal system, and especially the litigation process, involves profound dysfunction and spiraling costs? Surprisingly few business leaders ask that question.

Curtailing Review of Post-Trial Motions in State Court

The Legal Intelligencer

Monday, June 9, 2008

To preserve certain issues for appellate review after a civil trial, it is necessary to file post-trial motions. The need to file post-trial motions to preserve certain issues for appeal applies, to varying degrees, in both the Pennsylvania state court system and the federal court system.

Has the Supreme Court Made What's Old New Again in Hall Street v. Mattel?

The Legal Intelligencer

Thursday, May 29, 2008

The Federal Arbitration Act was originally enacted in 1925 to replace judicial opposition to arbitration with a national policy favoring arbitration. The FAA sought to place arbitration agreements on equal footing with all other contracts.

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