Can Judgment on Your Arbitration Award Be Entered in Court?
The Legal Intelligencer
Tuesday, May 14, 2013
Bob may be interested in the theoretical issues of the law. His clients? They want results. But they do not want to pay a bundle to get those results.
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Using the Sudden Medical Emergency Defense in Pennsylvania
The Legal Intelligencer
Friday, May 10, 2013
Every so often Pennsylvania appellate courts hand down a decision that addresses several novel and/or uncommon legal issues in one decision. When the courts render such a legal gem, the legal community should be aware of the decision. One such appellate decision is the state Superior Court's opinion in the recently decided case of Shiner v. Ralston, No. 1791 MDA 2011, (Pa. Super. Feb. 22, 2013). In Shiner, a panel of the Superior Court addressed several interesting legal issues: (1) the distinction between the "sudden emergency doctrine" and the "sudden medical emergency defense"; (2) the defendants' burden of proof in order to obtain summary judgment where they seek judgment based upon an affirmative defense; (3) the proof required for expert testimony where the party offering the testimony does not have the burden of proof; and (4) the moving party's ability to obtain summary judgment under the Nanty-Glo rule where it relies upon its own witnesses' testimony.
Questioning Cy Pres Awards After Class Action Settlements
The Legal Intelligencer
Tuesday, April 30, 2013
Consider the following scenario — your business is one of many sued in a class action lawsuit for allegedly conspiring to overcharge consumers of baby products. After five years of costly litigation, all of the defendants decide to settle.
An Examination of Claimed Lost Social Security Benefits
The Legal Intelligencer
Thursday, April 25, 2013
In personal injury and wrongful death matters, economic losses associated with a loss of earnings capacity and fringe benefits are claimable. Fringe benefits are typically a category of offerings by an employer to an employee for items other than regular salary and wages. The Bureau of Labor Statistics tracks various fringe benefit costs by employers that include (1) legally required costs associated with payroll taxes, (2) costs related to supplemental pay for vacation, sick time, bonuses and overtime, (3) insurance benefits, which may include health care coverage or premium payment assistance, group life insurance, disability insurance and unemployment insurance, and (4) retirement and pension benefits.
Points to Ponder When Consolidating Under Rule 213(a) After Kincy Decision
The Legal Intelligencer
Wednesday, April 24, 2013
The Supreme Court of Pennsylvania's decision in Kincy v. Petro is critical to review before drafting a motion and proposed order seeking consolidation.
Considering the Mediation Privilege in Awarding Legal Fees
The Legal Intelligencer
Tuesday, April 16, 2013
To what extent may mediation impact an award of attorney fees as part of the costs in litigation?
Discussion of Removal Issues Arising From Arbitration Cases
The Legal Intelligencer
Friday, April 12, 2013
Compulsory arbitration cases historically posed problems for diverse defendants seeking to remove a personal injury case to federal court.
Using Early Case Assessment as a Tool for Triaging Disputes
The Legal Intelligencer
Friday, March 29, 2013
When a dispute first surfaces, the extent of the risk to an organization and the level of resources required to resolve it may not be readily apparent.
Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?
The Legal Intelligencer
Tuesday, March 12, 2013
Bob has had it with adversaries who act in bad faith in court-ordered mediation and get away with it. Last week, Bob and his client went to a court-ordered mediation session. Bob's client, the plaintiff in a commercial dispute, sought seven-figure damages arising out of the defendant's "shocking" and "ill-considered" breach of contract.
What Neuroscience Can Teach Legal Professionals About Settlement Negotiations
The Legal Intelligencer
Wednesday, March 6, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
